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2022 Supreme(Kar) 704

S. G. PANDIT
Shiva And Shiva Orthopaedic Hospital – Appellant
Versus
Tumkur Grain Merchants Co-op Bank – Respondent


Advocates appeared:
Brijesh Patil, Advocate, K.V.Lokesh, Advocate, Siddarth B.Muchandi, Advocate

JUDGMENT

1. Petitioner - a lessee under respondents 2 to 7 is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the possession notice dtd. 25/10/2019 and to declare that the bank is not entitled to initiate any action in respect of the property bearing Sy.No.138 (BBMP Khata No.218/138 of Ward No.5) of Yelahanka Village, Yelahanka Hobli, Bengaluru North Taluk measuring 1 acre under the Securitization and Construction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act' for short).

2. Heard Sri Brijesh Patil, learned counsel for the petitioner, Sri K V Lokesh, learned counsel for 1st respondent and Sri Siddarth B Muchandi, learned counsel for R.3 to 7.

3. Respondents 2 to 7 had obtained financial assistance from 1st respondent - bank. As respondents 2 to 7 failed to repay the loan taken from the 1st respondent, 1st respondent initiated recovery action under the SARFAESI Act. In pursuance to the recovery action, 1st respondent issued impugned possession notice dtd. 25/10/2019.

4. Sec. 17 of the SARFAESI Act provides an alternative remedy to the petitioner/lessee. Under subs

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