Karnataka High Court
M/S The Janatha Co Operative Bank ... vs Mudalagiriyappa K L on 26 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:7876
WP No.5007 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.5007 OF 2024 (GM-RES)
BETWEEN:
1. M/S. THE JANATHA CO-OPERATIVE BANK LTD.,
ADM OFF. NO.156, 8TH MAIN ROAD
17TH CROSS, MALLESWARAM WEST
BANGALORE 560055
REP. BY ITS AUTHORIZED SIGNATORY
MRS. VINODA SHIVARAMAIAH.
Digitally signed by
NAGAVENI
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI. K.V. LOKESH, ADV.,)
AND:
1. MR. MUDALAGIRIYAPPA K.L.
S/O MR. THIMMEGOWDA
NO.278/A, 8TH 'C' MAIN
'A' BLOCK, 2ND STATE
RAJAJINAGAR, BANGALORE 560055.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE HON'BLE 39TH ADDL. CHIEF METROPOLITAN MAGISTRATE
COURT TO EXPEDITE HEARING AND THEREAFTER PASS
ORDERS IN CRL. MISC.2241/2023 VIDE ANNEXURE-A IN
ACCORDANCE WITH LAW.
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NC: 2024:KHC:7876
WP No.5007 of 2024
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking a direction to
the XXXIX Additional Chief Metropolitan Magistrate Court to
expedite hearing and thereafter pass orders in
Crl.Misc.No.2241/2023 vide Annexure-A.
2. Heard the learned counsel appearing for petitioner.
3. 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.
4. 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
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.
NC: 2024:KHC:7876
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
BSR
