LAWS(KAR)-2018-1-15

K. S. NARAYANASWAMY Vs. CORPORATION BANK

Decided On January 18, 2018
K. S. Narayanaswamy Appellant
V/S
CORPORATION BANK Respondents

JUDGEMENT

(1.) This Criminal Petition is filed for quashing of the Order dated 18.7.2017 on the file of the 44th ACMM Court, Bengaluru, in Crl.Misc. No.4037/2017.

(2.) Vide impugned order, the learned Magistrate on the application of the respondent - Bank, has passed an order u/s.14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (hereinafter referred to ' SARFAESI Act ' for short), directing the respondent - Bank herein to take possession of the application, schedule property towards the satisfaction of the creditors due and also further ordered directing the jurisdictional Police to give necessary assistance to the respondent-Bank in taking possession of the petition schedule property and the Bank was directed to bear the expenses if any incurred in this behalf.

(3.) I have heard the arguments of Sri Javali, learned counsel appearing for the petitioner and Sri V.B. Ravishankar, learned counsel appearing for respondent No.1 and Sri Sandesh J. Chouta, learned SPP-II for respondent No.2; and carefully perused the records.