HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SUDHA S – Appellant
Versus
THE BANGALORE CITY CO OPERATIVE BANK – Respondent
ORDER
The petitioner in W.P.No.25222/2023 is before this Court seeking the following prayer:
“ (i) ISSUE A WRIT OF CERTORARI QUASHING:
a) The proceeding initiated against the Petitioner by the Respondent Bank after causing statutory notices dated 20.08.2022 (vide Annexures B & C) as the said notices are waved in eye of law.
b) Quash the entire proceedings in the pending case filed by the Respondent Bank before the Hon’ble 8th Addl Chief Metropolitan Magistrate Court, Bangalore in Crl.Mis 5727/2023 at Annexure K invoking the provisions of the section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and pass orders directing the Respondent Bank to grant at least 2 years time to repay the balance amount of loan amount payable by the petitioner as the notices issued dated 20.08.2023 are illegal, arbitrary and contrary to section 13(2) of SARFAESI ACT 2002.
(ii) Issue a Writ of Mandamus or any other appropriate Writ, or order or direction, directing the Respondent Bank to withdraw all the proceedings initiated against the petitioner with a further direction to get the petition filed in Crl.Mis.5727/2023 filed before the Hon’ble 8th
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