THE HIGH COURT OF KARNATAKA
JYOTI M
MRS. PADMAJA.S – Appellant
Versus
M/S CANARA BANK – Respondent
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.V.D.Siddappa, counsel on behalf of Sri.Ramesha H.E., for the petitioners and Sri.Vignesh Shetty, counsel for the respondent appeared in person.
2. The writ petition is filed seeking following reliefs:
(i) Declare that the possession Notice dated 06.05.2023 Ref No.41/SARFAESI/RECOVERY/2023-24 issued by respondent No.1 at Annexure-C is illegal and quash the same;
(ii) Allow this writ petition with costs; and
(iii) Grant any other relief/s as this Hon'ble Court deems fit to grant in the interests of justice.
3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care.
4. The petitioners grievance is about the issuance of a notice under Section 13(4) of the SARFAESI Act. The relief sought by the petitioners cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice cannot be challenged by filing a writ petition. The petition is devoid of merits. Accordingly, the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.