Dr. Shanta B Patil And Anr vs Tamilnad Mercantile Bank Limited
2021 Latest Caselaw 6191 Kant

                              1


            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 15TH DAY OF DECEMBER, 2021

                          BEFORE

            THE HON'BLE MR. JUSTICE M.I.ARUN

     WRIT PETITION NO.202477/2021 (GM-RES)

Between:

1.     Dr. Shanta B. Patil
       W/o Basavaraj S. Patil
       Age: 30 years, Occ: Medical Practitioner
       R/o H.No.10-2/41/34
       S.B. College Road
       Sangameshwar Colony
       Kalaburagi - 585 103

2.     Mr. Basavaraj S. Patil
       S/o Late Sanganagouda S. Patil
       Age: 32 years, Occ: Private Service
       R/o H.No.10-2/41/34
       S.B. College Road
       Sangameshwar Colony
       Kalaburagi - 585 103
                                             ... Petitioners

(By Sri Gurubasava C. Nayak, Advocate for
    Sri Ramchandra K., Advocate)

And:

1.     Tamilnd Mercantile Bank Limited
       Gulbarga Branch
       Through its authorized officer
       Mrs. Tarabai W/o Late Sagangouda Patil
                                2


        (Since deceased LRs on record
        as per order dated: 22.10.2021)

2.      Mr. Shankangouda Patil
        S/o Late Sangangouda Patil
        Age: Major, Occ: Pvt. Service

        Ms. Suvaran D/o Late Sagangouda Patil
        (Since deceased LRs on record
        as per order dated: 22.10.2021)

3.      Mr. Raju Patil S/o Late Sagangouda S. Patil
        Age: Major, Occ: Pvt. Service

        All R/o H.No.10-2/41/34
        S.B. College Road
        Sangameshwar Colony
        Kalaburagi - 585 103
                                            ... Respondents

                              ***

        This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ of
certiorari to quash the impugned judgment in Criminal
Misc. No.20/2021 passed by the Principal Senior Civil
Judge     CJM,   Kalaburagi    dated    08.12.2021    as   per
Annexure-E and give directions to the respondent Bank to
settle the matter under OTS scheme by waiving all the
interest and charges included by the respondent Bank.


        This petition coming on for Preliminary Hearing this
day, the Court made the following:
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                        ORDER

The petitioners have borrowed certain loans from

respondent No.1-Bank. As they could not repay the loan

as agreed upon, respondent No.1-Bank has initiated action

as contemplated under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (hereinafter referred to as

'SARFAESI Act' for short). It is stated that it has also

invoked its powers under Section 13 of the said Act.

Subsequently, it has made an application before the

learned Principal Senior Civil Judge, CJM, Kalaburagi for an

assistance as contemplated under Section 14 of the

SARFAESI Act to take possession of the secured assets and

an order has been passed in this regard by the Principal

Senior Civil Judge, CJM, Kalaburagi, in Criminal Misc.

No.20/2021. The same is under challenge in the instant

writ petition.

2. Admittedly, the petitioners have committed

default in repayment of the loan. Respondent No.1-Bank

has invoked its powers under Section 13 of the SARFAESI

Act and in order to take possession of the secured assets

an order has been passed as contemplated under Section

14 of the SARFAESI Act. I do not see any error in the

same.

3. If the petitioners are aggrieved by any action

of respondent No.1-Bank taken under Section 13 of the

SARFAESI Act, they can always approach the Debt

Recovery Tribunal by making an appropriate application.

The petitioners have failed to make out any ground for

interference in the order passed by the Principal Senior

Civil Judge, CJM, Kalaburagi in Criminal Misc. No.20/2021.

For the aforementioned reasons, the writ petition is

hereby dismissed.

SD/-

JUDGE

LG