Mr Mukthar Hussain Khan vs Union Bank Of India on 14 November, 2017

[Cites 5, Cited by 2]

Karnataka High Court

Mr Mukthar Hussain Khan vs Union Bank Of India on 14 November, 2017

Bench: A.S. Bopanna

                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 14TH DAY OF NOVEMBER, 2017

                       BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

       WRIT PETITION NO.48727/2017 (GM-RES)

BETWEEN:

MR. MUKTHAR HUSSAIN KHAN
S/O K.H. ABDUL JALEEL KHAN
AGED ABOUT 44 YEARS
R/AT NO.129-2
BEHIND JAMIYA MASJID
ADIGARA KALLAHALLI
BIDARGUPPE POST
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE DISTRICT - 562 107          ...PETITIONER

(BY SRI.LEELADHAR H.P., ADV.)

AND:

UNION BANK OF INDIA
AVENUE ROAD BRANCH
NO.583/584, POOJA COMPLEX
AVENUE ROAD
BENGALURU - 560 001

REPRESENTED BY ITS
ASSISTANT GENERAL MANAGER
SANSAR CHAND
(AUTHORISED OFFICER)                  ...RESPONDENT

(BY SRI. CHETHAN KUMAR K., ADV., FOR C/R)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 18.04.2017
                            2



PASSED BY THE 44TH ADDL. CHIEF METROPOLITAN
MAGISTRATE BENGALURU CITY IN C.MISC.1309/2017
BENGALURU AT ANNEXURE - A AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

The petitioner is before this Court assailing the order dated 18.04.2017 passed in C.Misc.No.1309/2017. A perusal of the same would indicate that the order is passed under Section 14 of the SARFAESI Act.

2. As against an order passed under Section 14 of the SARFAESI Act, the petitioner being the borrower has the remedy of appeal as provided under Section 17 of the SARFAESI Act.

3. The learned counsel for the petitioner has relied on the judgment of a Division Bench of this Court in the case of Mrs. Sunanda Kumari and Another -vs- Standard Chartered Bank reported in 2006 (4) KCCR 2216 (DB) to contend that the action as initiated under Section 13 of the SARFAESI Act can only be done in the manner and the procedure as contemplated therein by 3 deciding the right under Section 13(3A) of the SARFAESI Act, when objection raised is with regard to the loan being treated as 'NPA'. The said contention being a legal contention to contend that the proceedings initiated under Section 14 of the SARFAESI Act in that view is not justified is also to be raised in the appeal as provided in law. Hence, I decline to entertain the instant petition.

4. The petitioner is however granted the liberty of filing the appeal before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. Since, the petitioner is now being relegated to the appeal remedy, the status-quo relating to possession shall be maintained for a period of two weeks, to enable the petitioner to avail the remedy of appeal. Registry to return the papers, if any sought by the learned counsel for the petitioner.

The petition is accordingly disposed of.

Sd/-

JUDGE ST

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