Karnataka High Court
M/S Shree Manjunatha Swamy vs I.D.F.C. First Bank Ltd on 21 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:22606
WP No. 6273 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 6273 OF 2024 (GM-RES)
BETWEEN:
1. M/S SHREE MANJUNATHA SWAMY
SERVICE STATION,
NO.101, 3RD STAGE,
GOKULAM, DEVARAJA MOHALLA,
MYSORE KARNATAKA-570002
REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932.
ALSO AT: MYSORE HASSAN ROAD,
NEAR BY KAVERY KALPATHARU BANK
K R NAGARA, MYSORE, KARNATAKA - 570 002.
2. MR SHEKAR K N
NO.101, 3RD STAGE,
GOKULAM, DEVARAJA MOHALLA,
MYSORE KARNATAKA-570002
ALSO AT: NO.101, 4TH MAIN, 8TH CROSS,
GOKULAM 3RD STAGE,
Digitally MYSORE, KARNATAKA-570002
signed by
Vandana S 3. VINDODAMMA MUNIAPPA
Location: NO.101, 3RD STAGE,
HIGH COURT GOKULAM, DEVARAJA MOHALLA,
OF MYSORE KARNATAKA-570002
KARNATAKA
ALSO AT: NO.101, 4TH MAIN,
8TH CROSS, GOKULAM,
3RD STAGE, MYSORE, KARNATAKA-570002
4. SRI RAGHAVENDRA NARAYANASWAMY
NO.101, 3RD STAGE,
GOKULAM, DEVARAJA MOHALLA,
MYSORE KARNATAKA-570002
ALSO AT: SRI RAGHAVENDRA NARAYANASWAMY
NO.101, 4TH MAIN, 8TH CROSS,
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WP No. 6273 of 2024
GOKULAM 3RD STAGE
MYSORE, KARNATAKA-570002
ALSO AT:
M/S SHREE MANJUNATHA SWAMY
SERVICE STATION, MYSORE HASSAN ROAD,
NEAR BY KAVERY KALPATHARU BANK
K R NAGARA,
MYSORE KARNATAKA-571062
...PETITIONERS
(BY SRI. K S HARISH, ADVOCATE FOR SRI. RAGHU H, ADVOCATE)
AND:
I.D.F.C. FIRST BANK LTD.,
(FORMERLY IDFC BANK LIMITED
PREVIOUSLY KNOWN AS CAPITAL FIRST LIMITED)
HAVING ITS REGISTERED OFFICE AT KRM TOWER,
7TH FLOOR, NO.1, HARRINGTON ROAD
CHELPET, CHENNAI - 600 031.
ALSO HAVING BRANCH OFFICE AT KCA ENCLAVE
2ND FLOOR, POLICE STATION ROAD,
KORAMANGALA BANGALORE - 560 095.
REPRESENTED BY IT LEGAL MANAGER
...RESPONDENT
(BY SRI. SURESH V, ADVOCATE)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONATITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED.
11.10.2023 IN CRL.MISC. NO.80/2023 PASSED BY III ADDL. SENIOR CIVIL
JUDGE AND CJM, AT MYSURU AT ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 6273 of 2024
ORDER
In this petition, petitioners have sought for the following reliefs:-
" (a) Issue a writ in the nature of certiorari quashing the order dated: 11.10.2023 in Crl.Misc.No.80/2023 passed by III ADDL. Senior Civil Judge & CJM, At Mysuru at Annexure-C, issued by the Respondent Bank.
(b) Issue a writ in nature of Mandamus or order or direction, directing the Respondent Bank to provide with an opportunity to settle the account under One Time Settlement (OTS) to the Petitioners in the interest of Justice and equity.
(c) Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity."
2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record.
3. Learned counsel for the petitioners submits that the petition may be disposed of reserving liberty in favour of the petitioners to approach the DRT, Bangalore, to ventilate their grievances including filing of appeal under Section 17 of the SARFAESI Act, and grant same protection in favour of the petitioners for a stipulated timeframe. -4-
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4. Per contra, learned counsel for the respondent submits that the petitioner has illegally and highhandedly trespassed into the schedule premises and has forcibly occupied the same and they are not entitled to any relief as sought for in the present petition. It is also submitted that the petitioners has not complied with the terms and conditions of the order dated 02.05.2024 passed by this Court.
5. In view of the aforesaid facts and circumstances of the case, though several contentions have been urged by both sides in support of their respective claims, in view of availability of equally efficacious alternative remedy for Section 17 of the SARFAESI Act, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioners to approach the DRT and pursue their remedies in accordance with law. If the petitioners approach the DRT within a period of three weeks from today, the petitioners would be entitled to the benefit of Section 14 of the Limitation Act. In addition thereto, subject to the condition that the petitioners complies with the order dated 02.05.2024 passed by this Court within a period of three weeks from today, the parties are directed to maintain status-quo in all respects as on today in relation to the -5- NC: 2024:KHC:22606 WP No. 6273 of 2024 suit schedule property within a period of three weeks from today. All rival contentions are kept open and no opinion is expressed on the same.
6. Subject to the aforesaid directions, petition stands disposed of.
Sd/-
JUDGE Srl.