High CourtsSingle Bench(2024) 12 KAR CK 1232

Vasantha B.R vs Ramegowda & Ors.

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

HON’BLE JUDGES
Suraj Govindaraj, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 35918 Of 2024 (GM-RES)

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Judgment

5 paragraphs · 179 words

Suraj Govindaraj, J

1.

Notice to respondents 1 to 3 is dispensed with in view of the proposed order to be passed.

2.

What is challenged in the present writ petition is the notice issued under sub-section (2) of Section 13 of the SARFAESI Act. Though the said notice has not been issued to the petitioner, the same has been affixed on the property and the petitioner also claims to be a legal heir of late Vimala, who had mortgaged the property. If that be so, it is always available for the petitioner to reply to the said notice, which would have to be considered by respondent No.4. It is needless to say that until the reply is considered, necessary orders are passed under sub-section (3) of Section 13 SARFAESI Act, no coercive steps should be taken.

3.

Petitioner is granted 10 days time to reply to the impugned notice at Annexure-F dated 05.11.2024, which shall be considered by the 4th respondent within a period of three weeks thereafter.

4.

With the above observation, the petition stands disposed of.