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2025 Supreme(Online)(Kar) 11581
KARNATAKA HIGH COURT
M.I.ARUN, J
SMT. BHARATHI R – Appellant
Versus
M/S L & T FINANCE LIMITED – Respondent
WRIT PETITION NO. 14477 OF 2025
For the Appellants/Petitioners: SRI SHRIDHARA K.
For the Respondents:
The dismissal of a writ petition challenging a ministerial order under the SARFAESI Act due to availability of an alternative remedy.
Headnote:The writ petition challenges actions under Section 14 of the SARFAESI Act; the petitioner claims an improper order by the Chief Judicial Magistrate. The Court finds the order ministerial and notes the availability of an alternative remedy under Section 17 of the Act. The court ultimately determined that the writ petition be dismissed.
| Table of Content |
|---|
| 1. legal action under sarfaesi act, alternative remedies available. (Para 1 , 2) |
| 2. ministerial nature of order under sarfaesi act. (Para 3) |
| 3. final decision on writ petition. (Para 4) |
CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER The petitioner in the instant petition has challenged the action initiated by the respondent - Financial Institution under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( for short 'SARFAESI Act').
2. The impugned order has been passed by the Court of XXXVII Addl. Chief Judicial Magistrate Court, Bangalore in pursuance of the order of secured creditors passed under Section 13(4) of the SARFAESI Act.
3. The petitioner is having alternative efficacious remedy under Section 17 of the said Act to challenge the order passed under Section 13(4) of the SARFAESI Act. The impugned order passed by the Court of XXXVII Addl. Chief Judicial Magistrate Court, Bangalore under Section 14 of the SARFAESI Act is only a ministerial order and there is no error in the same.
4. For the aforementioned reason, the writ petition is hereby dismissed.
