Crl.

Misc 23/2024

KA14020001622024

IN THE COURT OF PRL. SR. CIVIL JUDGE & CJM.,

SHIVAMOGGA
Dated on this the 4 day of April, 2024

PRESENT: SMT. AMRITHA S. RAO,

B.Com., LL.B.,
Prl. Sr. Civil Judge & CJM,
Shivamogga.
Crl.Misc. 23/2024

Petitioner/s:
Bank of Baroda
(Govt. of India Undertaking)
Branch office at Konandur,
Shivamogga(D), Represented by itsAuthorized officer,
Yogesh S. Deputy Regional Manager,
Bank of Baroda, Regional Office, Shivamogga.
(By Sri. J.K.G, Adv.)
- Versus -

Respondent/s:

1. Niranjan S. S/o N. Shubhakar.

Aged about 33 years,
2. Mrs. KalavathiW/o Shubhakara,
NVNHS
Aged about 64 years,
(
SE
CIVI) OR
 2
Crl.Misc 23|22A

Nishchitha S. D/o Shubhakara

3.
Aged about 30 years,
Allare residing at village and post,
#53, Main road, Konandur
Thirthabhalli Taluk,
District-577422.
Shivamogga

(Placed exparte)
ORDERS

The petitioner/Bank of Baroda (Govt. of India

Undertaking) Branch office at Konandur, Shivamogga(D).

Represented by its Authorized officer, filed this petition U/s 14
of Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002. (hereinafter in
short referred as SARFAESI Act 2002).

2. In the petition it is stated that the

respondents
approached the Bank of Baroda., Konandur Branch,
Shivamogga (D) of petitioner Bank for Credit facility provided
by the bank to the
respondents. The respondents have
executed all the necessary documents in favour of
the
petitioner to secure the loan and created
mortgage of the
immovable property which more fully described in the
hereunder and henceforth referred to as the schedule
and deposited the title schedule property
deeds with the petitioner with an
intention to
PRL applicant create simnple mortgage of the said property. Ihe
submits that after availing the loan
facility as
 3
Crl.Misc 23/2024

aforesaid the respondents has failed to make

payment as
promised and have thus Decome chronic defaulter. The
account is classified as Non-Performing Assets on 04-11-2023

which is in exercise of powers and authority conferred under

#he securitization and Reconstruction of financial assets and
Enforcement of Security interest act 2002, in furtherance of
the powers conferred under the Act, the petitioner bank has
issued a Demand notice u/Sec. 13(2) of the said act on 04-11
2023. The applicant bank gave the details of the amount due
as on 04-11-2023 to pay Rs. 35,10,702/- along with interest
and other charges thereon. The applicant bank submits that
after issuance of notice, the applicant bank have taken
symbolic possession of schedule property and have issued
Possession Notice on 23-01-2024 under section 13(4) of
Sarfaesi Act. The said possession notice was also published in

two leading newspapers. 'Kannada Prabha' in Kannada on 25

01-2024 and The New Indian Express' in English on 25-01
2024. Hence, this petition seeking the assistance of
jurisdictional police and to take physical possession of the
petition schedule property by breaking open the lock, as
providedU/S 14 of the SARFAESI Act.

3. The counsel for the petitioner bank on 27-02-2024

produced original documents i.e.. Particulars of Niranjan.
Particulars of Nishchitha, Particulars of Kalavathi, loan

application, loan agreement, rent agreement, Memorandumof

deposit of title deed, Encumbrance certificate, Demand notice,
oR

VIL
 Crl.Misc 23/202

Possession notice, postal cover, four acknowledgement, Paper

publications etc. and filed niemo suggesting the name of T.
Vijay. Advocate to be appointed as the Court Commissioner.
The demand notice is datedo 04-11-2023 and the possession
notice is dated 23-01-2024. The memorandum of title deeds
property schedule tallies with the petition schedule property.
The agreements executed by the respondents shows that the
petition schedule property is mortgaged in favour of the
petitioner bank.

4. At this juncture, Iwould like to place reliance on the

ratio of Hon'ble Apex Court in 2019 SCC
Online SC 1242
between the Authorized Officer, Indian Bank Vs. D.
Vishalakshi and another, wherein it is held that,

"Notably, the powersand

the CJM are equivalent cnd functions of the CMM and
similar, in relation to matters
specified in Cr.P.C. These
expressions(CMM and CJM) are
interchangeable and synonymous to each other. Moreover,
Section 14 of the Act does not
from dealing with the request ofexplicitly exclude the CJM
the secured creditor made
thereunder.
The CJM is equally competent to deal with the
applicatiorn moved by the secured creditor under Section
14 of the SARFAESI Act."

5. Byconsidering the above said ratio and on perusal ot

the documents available on record. it is clear that the
petitioner bank sanctioned fimancial assistance amounting to
Rs.&8,00,000/-. Further, House property in the name of
CIOR
VI
 Crl.Misc 23/2024

respondent no. 1 was mortgged to the Bank as collateral

security for loan facilities.
Declaration of non-performing
assets on 04-11-2023, deimand notice dated 04-11-2023,
possession notice dated 23-01-2024 and due amount of Rs.
35.10,702/- on 04-11-2023 shows that the respondents
became defaulters in repayment of the loan amount. The
documents on record disclose that the respondents neither
replied to the demand notice hor made the repayment. In the
said circumstances, petitioner bank has made out sufficient
grounds for seeking an order as prayed in this petition.
Accordingly, Iproceed to pass the following:

ORDER

The petition filed under Section 14 of

SARFAESI Act, 2002 is allowed.

Respondents are hereby directed to surrender

physical possession of the petition schedule
property in favour of petitioner bank.

The jurisdictional police are hereby directed to

assist in evicting the occupants of the schedule
property if required by breaking open the lock
and to deliver possession of the property.

Sri. T. Vijay, Advocate, Shivamogga is hereby

:NORCt.
 Crl.Misc 23/2024

appointed as Court Commissioner to execute

the order.

Court Commissioner fee is fixed at Rs.5,500/-.

Office shall return the original documents to

the petitioner bank.

(Directly dictated to the Steno on computer, typed by her and then

pronounced in the open court on this the 4" day of April, 2024)
o4l412y

Prl. Sr. Civil Judge & CJM

Shivamogga.

coyin et:/Charges raquited

$hes!Charges Producced
2)Cupying
Ier to be 3pear
r

4Anpicant a p e r9a
0.
E,Cjready ot..so..S..N....
tydeiyeredn...2....K

Usigiuais
f . i i tast copy vi the

Exaninar
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iAi0GGA.
INTHE COURT OF THE HON'BLE
SENIOR CIVIL JUDGE AND
CHIEF JUDICIAL MAGISTRATE AT SHIVAMOGGA
C. MISC No. 3 2024
bate.
Petitioner: Bank of Baroda
(Govt. of India Undertaking)
Branch office at Konandur,
Shivamogga (D), Represented by its
Authorized oficer,
Yogesh S, Deputy Regional Manager,
Bank of Baroda, Regional office, Shivamogga.
Vs.

Respondents: 1)Niranjan S Aged about 33 Years

S/oN Shubhakar
2) Mrs. Kalavathi Aged about 64 Years
W/o Shubhakara

3) Nishchitha S Aged about 30 Years

D/o Subhakara

All are Residing at:

#53, Main Road, Konandur Village and Post
Thirthahali Taluk,
Shimoga District - 577422.

PETITION UNDER SECTION 14 OF THE SECURITIZATION

AND RECONSTRUCTION OF FIN ANCIAL ASSETs AND
ENFORCEMENT OF SECURITYINTEREST ACT, 2002

1. The address of the Petitioner bank for the purpose of service

of summons, notices etc., is as stated in the cause title
above. Additionally, the Petitioner may also be served
through its counsel Mr. J K Gokul, Office No. 1, Vinnobnagar
100 feet Road, Opp Police Chowki, Shimoga - 577204.

2. The Applicant Bank is a corporate under the Banking

Companies (Acquisition and transfer of Undertakings) Act,
1970, Governed by the Government of India having its
various commercial activates including extending credit
facilities and having Head office at Mandvi, Baroda.
PRI
For BAN

Ciy, OR
Authorised Officer
Page 1 of 8
 3. It is submitted that the Respondent No.1, 2 & 3 are the
borrowers. The petitioner is aFinancial Institution within
the definition thereof under Section (2) (1) (m) (iv) of The
Securitization and Reconstruction of Financial Assets Act
of 2002, u/s 2(2c) of the said Act.

4. It is submitted that the Respondents approached the

Bank of Baroda Konandur Branch, Shimoga (D) of
Petitioner Bank for Credit facility as below,
Balance as on
SL
Nature of Loan
Sanctioned Sanctioned 04.11.2023 plus
No. Amount Date unapplied interest and
other charges thereon

1
Housing Loan
A/c no: Rs.20,00,000.00 04.05.2022 Rs.17,91,550.00
81610600003 164
2 Mortgage Loan
Alc no: Rs.18,00,000.00 13.08.2021 Rs.17,91, 152.00
81610600002427
Total
Rs.35,10,702.00
for the purpose of construction of house and provided the
property described hereunder as security for credit facility
provided by the bank to the Respondents. The
Respondents have executed all the necessary documents
in favor of the Petitioner to
secure the loan and created
mortgage of the immovable property which is more fully
described in the schedule hereunder and
henceforth
referred to as the Schedule Property and
deposited the
title deeds with the petitioner with an
intention to create
Simple mortgage of the said property.
5. The Applicant submits that
after availing the loan facility
as aforesaid the
Respondents has failed to make payment
as promised and have thus
become chronic defaulter. The
account is classified as
Non-performing Assets On
04.11.2023 which is in exercise of powers and authority
conferred under the securitization and
Reconstruction of
financial assets and Enforcement of Security
interest act
PRL 2002, In furtherance of the powers
conferred under the
CIENIVILOR For BANK, O
ARÒDA

Authorised Officer
Page 2 of 8
 Act, the petitioner Bank has issued aDemnand notice U/S
notice was
T3(2) of the said act on 04,11.2023. The said
sent to the Respondents through registered post
time for
acknowledgement due, granting 60 days'
bank as required
discharging the dues to the Applicant
The Applicant Bank
under section 13(2) of the sajd act.
to
amount due as on 04.11.2023
gave the details of the
(Rupees Thirty-Five Lakhs Ten
pay Rs.35, 10,702.00/-
Thousand Seven Hundred and Two Only) along with
thereon. The Applicant Bank
interest & other charges
notice the Respondents
submits that even after receipt of
the
the demand. The copy of
have failed to comply with is herewith
demand notice and acknowledgement
Hon 'ble court.
produced for the perusal of this
notice,
submits that after issuance of
6. The Applicant bank
taken symbolic possession of
the Applicant Bank have
isSued Possession Notice on
schedule property & have
of SarFaesi act. The
said
23.01.2024 under section 13(4)
published in two leading
possession notice was also
Kannada on 25.01.2024
newspapers. 'Kannada Prabha" in
English on 25.01.2024.
and The New Indian Express' in
they tried to take
The Applicant Bank su bmits that
mentioned in
physical possession of the schedule property
order problem. It is
this application. But sensed law and
that is
further submitted by the Applicant Bank
apprehends that the Respondents may resort to dispose
off, transfer alienate or otherwise deal with the property
mentioned below in order to defect the legitimate right to
seize the schedule property mentioned below as per the
provision of section 1314] of the securitization and
reconstruction of financial assets and enforcement of
security interest act 2002 photo copy of possession notice

For oAN! BARO

Autiori. Officer

Page 3 of8
 and paper publication of possession notice are produce
herewith.

7. It is submitted, that the petitioner Bank apprehends that

the Respondents will resort to obstruct them from
seizing/taking physical possession of the schedule
property and there may be a breach of peace, law and
order on the spot. Hence an order under Section 14 of The
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 has become
necessary. Hence this petition before this Hon'ble Court.

8. It is
submitted that if the necessary orders are not passed,
the petitioner Bank will suffer hardships to seize/ take
possession of the schedule property merntioned below, and
it will not be possible to secure the secured
interest in the
secured property.
9. It is submitted that the petitioner Bank has granted loan
facility to the Respondents, the Respondents as a
security
for the loan has mortgaged the
schedule property. The
petitioner Bank is a secured creditor and the
are the secured debtors and the
Respondents
schedule property is a
secured asset as per the definition and provisions of The
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
10. It is further submitted that there is no cases,
appeals or petitions pending before the Debt
Recovery
Tribunal or before any other Civil Court.
11. RELIEF SOUGHT FOR:
Therefore, it is most respectfully prayed that this
Hon'ble court may be pleased to grant the
following
PA
eNIORCIt
relief in favor of the petitioner Bank and
Respondents for;
against the

Fo BANK OF BARO

AuthoYised Officer Page 4 of 8

 a. To direct the full time cers//Shirestadar of this Hon'ble
Court to take the possssion of the immovable property
described in the Schedue herein from the Respondents or
their Tenant/s or thei henchmen or anybody claiming
through them and orward the same to the
Petitioner/ Petitioners as mentioned in the above act
exercising the powers Conferred on this Hon'ble Court
under Section 14 (1) 0f the Act with further direction to
prepare inventory and Panchnama and be pleased to
handover the Vacant p0Ssession thereof to the Petitioner
Bank through its Authorized Officer;
assist the Petitioner
b. To direct the Jurisdictional Police to
Property from the
in taking possession of the Schedule
or anybody
Respondents or their Tenant/s or Henchmen
jurisdictional Police
claiming through them or direct the
enforcement of
protection for peaceful
to assist or give
Petitioner/Petitioners from the
taking possession by the
Agreement lease holder or
Respondents or their Tenant/s,
the
representing or in possession of
any third person
Schedule Property.
schedule
open of the locks if the
C. To order for breaking
the time of possession
property is found to be locked at
activity;
directions/orders in terms of Section 14
d. To give suitable
of taking
of the subject Act for the purpose
described in the
possession/control of the secured asset
Schedule.

deems
as the Hon 'ble Court
To pass such other orders
facts and circumstances of
fit and proper in the given
the case in the interest of Justice.

BARODA
For bAN

Page 5 of 8
 SCHEDULE OF IMMOVABLE PROPERTY

All that part and parcel of EMDTD of Commercially alienated

land bearing Sy.No. 186, Property No.45/A, E-Khata/Unique
No. 152400701400101376, situated at Main Road, Konandur
Village, Agrahara Hobli, Thirthehalli Taluk Shimoga District
Measuring East to West -36 feet, North to South - 90 feet,
totally measuring: 3240 Square feet along with constructed
building.
Boundaries:
North :Property of Hussenaboa Bahubyari,
South :Property of Veena N,
East :AT Road,
West :Sy No.186.

a BARODA

oYised Officer
Advocate for Petitioner
Petitioner
Verification
I Mr. Yogesh S the Authorized officer of Bank of
Baroda do
hereby declare and state that the contents of this
are true and correct to the best of my application
and belief and I further state
knowledge information
that I have not
contents or material facts therein.
suppressed any

Grequired

2sProducand
A
Sei. icer
Shivamogga
Date:- 2-2024 'Petitionexve.irs,io e appear
3)Azp}<jit..
4Aicanta : : e n .

20:AH.
yóctiyareaf.
7)
CIVOR

:A:GGA.

Page 6 of &
 IN THE COURT OF THE HON
CHIEFJUDICIAL SENIOR CIVIL JUDGE AND
MAGIRATE
Cmis.No.
AT SHIVAMOGGA
3 /2024
Data
BETWEEN:

Bank of Baroda
PETITONER
V/

Mr. Niranjan S and Others RESPONDENTS

VERIFYING AFFIDAVIT
I. YOgesh S, Authorized officer of Bank of Baroda, Working in
Bank of Baroda, Regional ofice, Shivamogga as a Deputy
Regional Manager herein do hereby solemnly affirm and state on
oath as follows;

1. Iam the authorized signatory of the Applicant Bank and

conversant with the facts of the case.

2. The Respondents in the above case has availed a total

limit loan of Rs.38,00,000.00/- from the Applicant Bank
they
for the purpose of construction of house and
committed default in repayment and the account has been
classified as Non-Performing Asset on 04.11.2023.

3. The Respondents has created mortgage of petition

schedule property bearing Sy.No. 186, Property No.45/A,
E-Khata/ Unique No. 152400701400101376, situated at
Main Raod, Konandur Grama, Agrahara Hobli,
Thirthahalli Taluk Shimoga District Measuring East to
West -36 feet, North to South - 90 feet, totally measuring:
3240 Square feet along with constructed building thereon
creating simple mortgage by way of deposit of title deeds.

Reg.No20sth7iv amex nmunlukh3 For BANI OF

BARODA

a0pa.
OF INDI Authoused

No. of Corrections a Page 7 of 8

 4. The Sixty days' notice as reguired by the provisions of
sub-section (2) of section 13. demanding payment of the
defaulted finarncial assistance has been served
04.11.2023.

5. Taken Symbolic Possession of Schedule property & have

1ssued possession notice on 23.01.2024 under section
13(4) of SARFAESI Act. The said possession notice was
also published in two leading newspapers in Kannada
Prabha &The New Indian Express' on 25.01.2024.

6. No objection or representation from the Respondents in

reply to the notice is received.

7. The Respondents have not repaid the financial assistance

in spite of the above notice and the Authorized Officer is
entitled to take possession of the secured asset under the
provisions of sub-section(4) of section 13 read with section
14 of the principal Act.
CCv: eels/Charges reçuired
8. I further declare that there is no Stay,
Casecpendilg hoilr *****.
any of the court in-respect of the Schedule Proáetying Sheets/Charges Pro*uccd
Wherefore, I pray that this Hon ble Court be pleased tp allg sh¢euires tobe appeer
peftidrn the ends of justice and equity.
TAR For5)Cready
BANK
(Shanmukhappa.3.
8.A.,L1.8.
ShivamcggaCity
9390dentified by me No.20417
Expiry:
Reg. 7-3-2025/
ADVOCATE I N I

Date: 4
Place:Shimoga SWORN TO BEFORE
anhar

No. of Correctiuns e SHANMKHAPÞA.EAGGA.

NOTARY,
SHIVAM0GGA CITY
Date.....92:..:.2AA

Page 8 of &