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Karnataka High Court

M/S Hdfc Bank Limited vs Mr Arif Khan K on 19 December, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                       -1-
                                                                  NC: 2024:KHC:53236
                                                               WP No. 33533 of 2024




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 19TH DAY OF DECEMBER, 2024

                                                   BEFORE
                            THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                   WRIT PETITION NO. 33533 OF 2024 (GM-RES)
                        BETWEEN:

                        M/S HDFC BANK LIMITED
                        A BANKING COMPANY
                        REGISTERED OFFICE AT RAMON HOUSE,
                        H.T. PAREKH MARG, 169, BACKBAY RECLAMATION,
                        CHURCH GATE MUMBAI - 400 020
                        HAVING ITS BRANCH OFFICE AT
                        #51, HDFC LTD, HDFC HOUSE,
                        KASTURBA ROAD, BENGALURU - 560 001.
                        REPRESENTED BY ITS AUTHORIZED OFFICER
                        MR. SHRIDHAR CHINNI.
                                                                       ...PETITIONER
                        (BY SRI. VARUN S., ADVOCATE)

                        AND:

                        MR. ARIF KHAN K,
Digitally signed by B
K                       MAJOR,
MAHENDRAKUMAR
Location: HIGH          NO.5, ALEENA RESIDENCY, 10TH CROSS,
COURT OF
KARNATAKA               SANJE NAGWARA PALYA,
                        CV RAMAN NAGAR,
                        BENGALURU - 560 093.

                        ALSO AT:
                        HSBC ELECTRONIC DATA PROCESSING INDIA PVT LTD,
                        DESIGNATION: ASSISTANT VICE PRESIDENT
                        DEPARTMENT: BANKING
                        EMPLOYEE NO: 438899246
                        BAGMANE TECH PARK
                        6/14 LAKE VIEW BUILDING, NEAR DRDO,
                               -2-
                                            NC: 2024:KHC:53236
                                        WP No. 33533 of 2024




CV RAMAN NAGAR, BENGALURU-560093

ALSO AT:
PLOT NO.148, DOOR NO.148/1
A BLOCK, 9TH CROSS,
DEVARAJ URS BADAVANE,
DAVANGERE - 577 001.


                                                ...RESPONDENT
     THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE LD. PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, DAVANAGERE TO DISPOSE OF
THE PETITIONERS PETITOIN FILED UNDER SECTION 14 OF THE
SARFAESI ACT REGISTERED AS CRL. MISC.03/2023 AT THE
EARLIEST.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:      HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR


                         ORAL ORDER

The respondent/Borrower failed to repay the loan borrowed, which prompted the respondent-Bank to initiate proceedings under the provisions of the SARFAESI Act culminating in filing of the petition under Section 14 of the SARFAESI Act before the learned Magistrate on 19.01.2023.

2. The petitioner's grievance is that the learned Magistrate has not taken steps to dispose of the petition at the earliest.

-3-

NC: 2024:KHC:53236 WP No. 33533 of 2024

3. Therefore, the petition stands disposed of directing the learned Prl. Senior Civil Judge, CJM, Davangere to dispose of the petition filed under Section 14 of the SARFAESI Act registered as Crl.Misc.03/2023 within one month from the next date of hearing.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 2 Sl No.: 1