High CourtsSingle Bench(2024) 12 KAR CK 1225

Malleshwaram Co-Operative Bank Ltd. vs Venkatakumaraswamy P S/O Ramaiah P & Ors.

Karnataka High Court, Principal Bench · Decided on 31 December 2024

HON’BLE JUDGES
Suraj Govindaraj, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 35236 Of 2024 (GM-RES)

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Judgment

10 paragraphs · 233 words

Suraj Govindaraj, J

1.

In view of the order proposed to be passed, notice to respondent Nos.1 and 2 is dispensed with.

2.

The petitioner is before this Court seeking for the following reliefs:

a. Issues a Writ of Mandamus by issuing direction to the Hon'ble 5th Additional Chief Metropolitan Magistrate court to expedite hearing and thereafter pass Orders on Memo dated 29.06.2024, Affidavit and 14(2) application filed in Crl.Misc.7591/2023 vide Annexure B in accordance with law in the ends of justice.

b. Grant such other relief as deemed fit to this Hon'ble Court in the facts and circumstances of the case.

3.

The grievance of the petitioner is that the application filed under Sub-Section (2) of Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is still pending and no orders have been passed. The same having numbered as Crl.Misc.No.7591/2023.

4.

Any proceedings under Sub-Section (2) of Section 14 of the SARFAESI Act, is required to be disposed of within a period of 60 days from the date of filing. In that view of the matter, I pass the following:

ORDER

(i) Writ petition is allowed;

(ii) Mandamus is issued directing V Additional Chief Metropolitan Magistrate to hear and dispose of the proceedings in Crl.Misc.No.7591/2023 at the earliest at any rate within 60 days from the date of receipt of copy of this order.