Karnataka High Court
The Citizen Co-Operative Bank Limited vs Mr. Azeez Khan on 19 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:6928
WP No. 4970 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 4970 OF 2024 (GM-RES)
BETWEEN:
THE CITIZEN CO-OPERATIVE BANK LIMITED
NO. 651/A, 1ST MAIN ROAD
"D" BLOCK, 2ND STAGE
DR. RAJKUMAR ROAD, RAJAJINAGAR
BENGALURU - 560 010
REP. BY ITS AUTHORIZED SIGNATORY
MR. KANAKA BUSHANA H. D.,
...PETITIONER
(BY SRI. K.V.LOKESH, ADVOCATE)
AND:
1. MR. AZEEZ KHAN
S/O GAIBAN KHAN
Digitally signed NO. 26, 1ST CROSS
by NAGAVENI
RAHMATH NAGAR
Location: HIGH
COURT OF OPP. ESI QUARTERS, R.T.NAGAR
KARNATAKA BENGALURU - 560 032.
2. MRS. SHABEEN TAJ
W/O AZEEZ KHAN
NO. 26, 1ST CROSS
RAHMATH NAGAR
OPP. ESI QUARTERS, R.T.NAGAR
BENGALURU - 560 032.
-2-
NC: 2024:KHC:6928
WP No. 4970 of 2024
3. MR. ABRAHAR KHAN
S/O AZEEZ KHAN
NO. 26, 1ST CROSS
RAHMATH NAGAR
OPP. ESI QUARTERS, R.T.NAGAR
BENGALURU - 560 032.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTION TO THE HONBLE 32ND ADDL. CHIEF METROPOLITAN
MAGISTRATE COURT TO EXPEDITE HEARING AND THEREAFTER
PASS ORDERS IN CRL. MISC. 6325/2022 VIDE ANNEUXRE-A IN
ACCORDANCE WITH LAW.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for petitioner.
2. Learned counsel for the petitioner submits that the
issue in the lis stands covered by the judgment rendered by the
co-ordinate bench of this Court in W.P.No.10608 of 2023.
3. The co-ordinate bench of this Court, in W.P.No.10608
of 2023 by its order dated 11-07-2023 has held as follows:
"The short grievance of the petitioner is to long
pendency of Section 14 application at the hands of the
jurisdictional Magistrate for the coercive action of loan
recovery. Learned Panel Counsel appearing for the
Petitioner submits that the "Securitization and
Reconstruction of Financial Assets and Enforcement of
NC: 2024:KHC:6928
Security Interest Act, 2002" (for short 'SARFAESI Act')
has been enacted by the Parliament for the speedy & easy
recovery of debts, and therefore, long pendency militates
against the intent of legislation. He also points out that
the statute prescribes a period of 30 days within which
such applications need to be disposed off.
2. Notice to the respondents is dispensed with since
there is no requirement in law of issuing such notice in
proceedings under Section 14 of the Act and therefore,
there is no requirement of issuance of notice in the writ
proceedings that arise from such a pending application.
3. Having heard the learned counsel for the
petitioner and having perused the petition papers, this
Court is broadly in agreement with the submission made
on behalf of the petitioner and therefore consistent with a
catena of decisions rendered by this Court, the petition is
favoured.
The learned X Additional Chief Metropolitan
Magistrate, Bengaluru, is requested to hear and dispose
of the subject application within an outer limit of four
weeks in accordance with law and report compliance to
the Registrar General of this court."
In view of the issue being covered by the judgment of the
co-ordinate Bench, as quoted supra on all its fours, the subject
petition is also disposed in the same terms.
Sd/-
JUDGE
BKP
CT:SS
