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2024 Supreme(Online)(KAR) 15813

HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
M/S SHOMA AUTOMATION PVT LTD – Appellant
Versus
STATE BANK OF INDIA – Respondent


Petitioner Advocates:YATHISHA H M ,Respondent Advocate:

ORDER

In this petition, the petitioners seek quashing of the impugned order dated 27.12.2023 passed in Crl.Misc.No.7731/2023 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') and for other reliefs.

2. Heard learned counsel for the petitioners and learned counsel for the respondent-Bank and perused the material on record.

3. Though several contentions have been urged by learned counsels for both the parties in respect of their respective claims, it is a matter of record that aggrieved by the order passed under Section 13(4) of the SARFAESI Act, the petitioners have already approached the Debt Recovery Tribunal (DRT), Bengaluru, in S.A.No.472/2023, in which the respondent-Bank has entered appearance and the same is pending adjudication. Further, in the present petition, on 05.04.2024, this Court passed the following order:

"Heard the learned counsel for petitioners.

Sri Vignesh Shetty, learned counsel accepts notice for the respondent – Bank.

Learned counsel for the petitioner to serve a copy of the petition papers upon Sri Vignesh Shetty learned counsel for the respondent, forthwith.

The p

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