IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.53821 OF 2018 (GM RES) BETWEEN:
SRI. VIVEK S/O. BINOD KUMAR SHARMA, AGED ABOUT 30 YEARS, PRESENTLY RESIDING AT FLAT NO.T16, 3RD FLOOR, BLOCK-A, PRABHAVATHI PARAMOUNT, ANANTH NAGAR, PHASE 1, KAMMASANDRA MAIN ROAD, ELECTRONIC CITY, BENGALURU-560 100. ... PETITIONER (BY SRI: VENUGOPAL M S, ADVOCATE) AND 1. AUTHORISED OFFICER UNDER SARFAESI ACT, STATE BANK OF INDIA, RACPC-II, KORAMANGALA, BENGALURU-560 034.
2. MR. PRABHAKAR. M S/O. MUNIYAPPA, AGED ABOUT 41 YEARS, RESIDING AT NO.71, 3RD CROSS, MAYURA VARMA ROAD, LAKSHMIPURA, KEMPEGOWDANAGARA, BENGALURU-560 019.
... RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED UNDER SECTION 13(4) OF SARFAESI ACT DATED 10.10.2018 VIDE ANENXURE-B ISSUED BY THE RESPONDENT NO.1 THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.M.S.Venugopal, learned counsel for the petitioner.
Mr. Vighnesh Shetty, learned Counsel for the respondent No.1.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks quashment of notice dated 10.10.2018 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘the SARFAESI Act’ for short).
3. Admittedly, action against the petitioner has been taken under the SARFAESI Act and the petitioner has the alternative efficacious remedy under Section 17 of the aforesaid Act. Therefore, in view of the law laid down in UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110; ‘AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHER vs. MATHEW K.C’, (2018) 3 SCC 85 and ‘KANAIYALAL LALCHAND SACHDEV AND OTHERS vs. STATE OF MAHARASHTRA AND OTHERS’, (2011) 2 SCC 782, the writ petition cannot be entertained. However, the same is disposed of with the liberty to take recourse to the remedy provided to him under Section 17 of the Act.
Sd/- JUDGE akc/-