IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.18225 OF 2015(GM-RES) BETWEEN:
M/s.Yasaswi Enterprise Represented by its Partner Umer Faroq, S/o.Iddinabba, Aged about 38 years, R/o.No.8-116/31, Near HMK Masjid, Janata Colony, Idya Village, Kana, Surathkal, Mangalore, D.K. 575 001. … Petitioner (By Sri Srikanth N.V. Advocate For Sri B.S.Sachin, Advocate) AND:
1. Deputy Commissioner and District Magistrate’s Office, Dakshina Kannada, Mangalore – 575 001.
2. Bank of Baroda, Ground Floor, Janaki Towers, Bajje Road, Surathkal, Mangalore, D.K.District, Represented by its Chief Manager – 575 001. ... Respondents (By Smt.Niloufer Akbar, AGA for R1:
Sri Gopalakrishna R.Hegde, Advocate for R2) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order dated 30.03.2015 passed by R1 at Annexure-A and etc.
This writ petition, coming on for preliminary hearing ‘B’ Group, this day, the Court, made the following:
ORDER This writ petition is directed against the order dated 30.03.2015 passed by the first respondent produced at Annexure-A.
2. Learned counsel for the respondent No.2 submits that the petitioner has an alternate and efficacious remedy under Section 17 of the SARFAESI Act and therefore the writ petition is not maintainable. The same is not disputed by the learned counsel for the petitioner.
3. The submissions of the learned counsel for respondent No.2 is placed on record.
4. Accordingly, this writ petition is dismissed as not maintainable since the petitioner has an alternate and efficacious remedy under Section 17 of the SARFAESI Act.
Cm/-
Sd/- JUDGE