Siddannagouda vs Karnataka Vikas Grameena Bank And Ors
2024 Latest Caselaw 14526 Kant

Karnataka High Court

Siddannagouda vs Karnataka Vikas Grameena Bank And Ors on 25 June, 2024

                                          -1-
                                                NC: 2024:KHC-K:4230
                                                    WP No. 201371 of 2024




                          IN THE HIGH COURT OF KARNATAKA

                                 KALABURAGI BENCH

                        DATED THIS THE 25TH DAY OF JUNE, 2024

                                       BEFORE
                         THE HON'BLE MR JUSTICE R.NATARAJ

                      WRIT PETITION NO.201371 OF 2024 (GM-RES)
               BETWEEN:

               SIDDANNAGOUDA
               S/O BASANNAGOUDA PATIL,
               AGE: 38 YEARS, OCC: BUSINESS,
               R/O KUBAKADDI,
               TQ: B. BAGEWADI, DIST: VIJAYAPURA.

                                                             ...PETITIONER

               (BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE)

               AND:

               1.   KARNATAKA VIKAS GRAMEENA BANK
Digitally           VIVEK NAGAR BRANCH, VIJAYAPURA
signed by           DIST: VIJAYAPURA
RENUKA              REPRESENTED BY CHIEF OFFICER-586101.
Location:
High Court     2.   RAJKUMAR
Of Karnataka
                    S/O KADAGOUDA PATIL,
                    AGE: MAJOR, R/O SHANTVEER NAGAR,
                    IBRAHIMPUR, VIJAYAPURA-586203.

               3.   TAHASILDAR
                    BASAVANABAGEWADI,
                    DIST: VIJAYAPURA-586203.

                                                          ...RESPONDENTS
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                                      NC: 2024:KHC-K:4230
                                       WP No. 201371 of 2024




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI QUASHING THE ORDER OF PRL.
SENIOR CIVIL JUDGE AND CJM, AT: VIJAYPURA, DATED
08.02.2024 IN CRL. MISC. 115 OF 2023 VIDE ANNEXURE-A
AND CONSEQUENTLY DISMISS THE PETITION.

     THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner has challenged the proceedings

initiated by the Principal Senior Civil Judge and CJM,

Vijayapura in Crl.Misc.No.115/2023 under Section 14 of

the Securitization Act.

2. As an alternate remedy is provided under

Section 17 of SARFAESI Act and in view of the judgment of

a Co-ordinate Bench of this Court in the case of Smt.

Vimala Bhushan V/s The Authorised Officer, YES

Bank Limited, Mumbai and Others, reported in ILR

2019 KAR 2520, the petition is not maintainable. Hence,

the office objection raised regarding maintainability is

upheld. The petition is thus dismissed.

NC: 2024:KHC-K:4230

Liberty is served to the petitioner to challenge the

impugned order before the Debt Recovery Tribunal in

accordance with law. The time consumed in pursuing this

petition shall be excluded while determining the limitation

applicable to the proceedings before the debt recovery

tribunal.

The office is directed to return the certified copy of

the impugned order after retaining a photocopy.

Sd/-

JUDGE

SMP CT:SI