SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Kar) 91

P. KRISHNA BHAT
P Balaji Babu S/o Late P. Venkatachalapathi – Appellant
Versus
State Bank Of India Represented By Its Branch Manager, Specialized Asset Recovery Branch, R. P. C Layout, Vijayanagar, Bangalore – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Krishnamurthy G. Hasyagar, Advocate.
For the Respondent:Sri. Chithappa, Advocate

ORDER :

Calling in question the action of respondent No.1 in forfeiting a sum of Rs.24.10 lakhs deposited by him, petitioner is seeking direction to refund the same with interest thereon at 18% p.a., in this writ petition.

2. It is the case of the petitioner that one Sri.Jignesh N. Patel was the owner of immovable property bearing No.9/1, Old No.5, Khatha No.30/A of Nayandahalli, Mysore Road, Bengaluru. He obtained loan from respondent No.1-State Bank of Mysore (which has now been merged with State Bank of India) for his business purposes and by way of security he created mortgage on the aforementioned property at Nayandahalli, Mysore Road, Bengaluru. The loan having remained outstanding, respondent No.1 initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) and took over possession of the mortgaged property. The property was brought to sale for the recovery of outstanding loan and respondent No.1 issued a newspaper publication dated 15.10.2010 (as per Annexure-A). The petitioner having noticed the same, deposited the EMD of Rs.5,63,500/-in terms of Annexure-A and submitted his se

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top