Before the Debt Recovery Tribunal, Bangalore

Criminal Miscellaneous Application No. ___/2024

IN THE MATTER OF:

Sunshine Housing Finance Company Ltd. ....Applicant/Secured Creditor

versus

1. Mr. Ramesh Kumar

2. Mrs. Sita Devi ....Non-Applicants/Borrowers

APPLICATION UNDER SECTION 14 OF THE SARFAESI ACT, 2002

The Applicant above named most respectfully submits as under:

1. That the Applicant is a Housing Finance Company within the meaning of clause (d) of Section
2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (SARFAESI Act) and is having its Branch office/Administrative office at No.
25, M.G. Road, Bangalore – 560001.

2. That the Non-Applicants were granted a Housing Loan facility of Rs. 50,00,000/- (Rupees
Fifty Lakhs Only) by the Applicant vide Loan Agreement dated 15.05.2020 for the purpose of
purchasing a residential property. The said loan facility was secured by mortgage of the
immovable property bearing Survey No. 125, situated at Majjigeri Gram Panchayat, Mundagod
Taluka, Uttara Kannada District, Karnataka, under Section 58(f) of the Transfer of Property Act,
1882, by depositing the title deeds relating to the said property.

3. That the Non-Applicants failed to repay the outstanding dues to the Applicant despite repeated
requests and demands. Accordingly, the loan account of the Non-Applicants was classified as a
Non-Performing Asset (NPA) on 01.01.2022 as per the guidelines issued by the Reserve Bank of
India.

4. That the Applicant, as a secured creditor, issued a Demand Notice dated 15.02.2022 under
Section 13(2) of the SARFAESI Act, 2002, calling upon the Non-Applicants to pay the
outstanding amount of Rs. 47,85,000/- (Rupees Forty-Seven Lakhs Eighty-Five Thousand Only)
along with further interest and other charges due to the Applicant as on 31.01.2022. The said
Demand Notice was duly served upon the Non-Applicants on 20.02.2022.
5. That the Non-Applicants failed to repay the outstanding dues within the statutory period of 60
days from the date of receipt of the Demand Notice, and thus, the Applicant has acquired the
right to take possession of the secured assets under Section 13(4) of the SARFAESI Act, 2002.

6. That the Applicant hereby makes an application under Section 14 of the SARFAESI Act,
2002, read with Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, for taking
possession of the secured assets mentioned in Para 2 above.

7. That the copies of relevant documents are annexed herewith as follows:

a) Copy of the Loan Agreement dated 15.05.2020 (Annexure-A);

b) Copy of the Mortgage Deed dated 15.05.2020 (Annexure-B);
c) Copy of the Demand Notice dated 15.02.2022 (Annexure-C);
d) Copy of the Postal Receipt evidencing service of Demand Notice (Annexure-D);
e) Statement of Accounts as on 31.01.2022 (Annexure-E).

8. That no other person/party other than the Non-Applicants has any interest in the secured assets
to the knowledge of the Applicant.

9. That the Applicant has not initiated any other proceedings for recovery of the outstanding dues
against the Non-Applicants before any other Court/Tribunal/Authority.

It is, therefore, most respectfully prayed that this Hon'ble Tribunal may be pleased to:

(a) Pass an order for taking possession of the secured assets mentioned in Para 2 above, in favor
of the Applicant;

(b) Appoint a Commissioner or Representative to take possession of the secured assets and
deliver the same to the Applicant; and

(c) Pass such other and further orders as this Hon'ble Tribunal may deem fit and proper in the
circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL
EVER PRAY.

Dated this 1st day of April, 2024.

Bangalore

[Signature of Authorized Representative]

 VERIFICATION

I, Mr. Rahul Sharma, Assistant Vice President of Sunshine Housing Finance Company Ltd., the
Applicant herein, do hereby verify that the contents of the above Application are true and correct
to the best of my knowledge and belief. No part of it is false and nothing material has been
concealed therefrom.

Verified at Bangalore on this 1st day of April, 2024.

[Signature of Authorized Representative]

Before the Hon'ble High Court of Karnataka

 Criminal Revision Petition No. ____/2024

In the matter of:

G. Hemanth Chandra ...Petitioner/Appellant

Versus

M/s Infrathon Projects Pvt. Ltd. ...Respondent/Complainant

Application for Revision under Section 397 read with Section 401 of the Code of Criminal
Procedure, 1973

The Petitioner above named most respectfully submits as under:

1. The Petitioner is the appellant/accused in Crl.A/0001150/2023, pending before the Ld.

LXVII Additional City Civil and Sessions Judge, Bangalore. The Respondent is the
complainant/respondent in the said appeal.
2. The present case arises out of a complaint filed by the Respondent against the Petitioner
under the provisions of the Negotiable Instruments Act. During the pendency of the
appeal, the Petitioner deposited 20% of the compensation/award amount in the Trial
Court, as directed by the Ld. LXVII Additional City Civil and Sessions Judge while
passing the suspension order.
3. The Respondent filed an application under Section 148(3) of the Negotiable Instruments
Act, seeking release of the deposited amount in its favor. The Petitioner filed objections
to the said application, raising various grounds on the merits of the case.
4. By the impugned order dated 08.02.2024 (copy annexed as Annexure-A), the Ld. LXVII
Additional City Civil and Sessions Judge has allowed the application filed by the
Respondent under Section 148(3) of the Negotiable Instruments Act and directed the
release of 20% of the compensation/award amount deposited by the Petitioner in favor of
the Respondent, subject to the condition that if the Petitioner succeeds in the appeal, the
Respondent shall return the said amount with interest as per the guidelines of the Reserve
Bank of India.

Grounds for Revision:

5. The Ld. LXVII Additional City Civil and Sessions Judge has failed to appreciate that the
Petitioner has raised valid objections on the merits of the case, which ought to be
considered at the time of disposal of the appeal.
 6. The Ld. Court has erred in directing the release of the deposited amount without
considering the merits of the case and the objections raised by the Petitioner. The
impugned order is contrary to the principles of natural justice, as it prejudices the
Petitioner's case without a proper adjudication on merits.
PRAYER:
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
a) Admit and allow the present Criminal Revision Petition;
b) Set aside the impugned order dated 08.02.2024 passed by the Ld. LXVII Additional City Civil
and Sessions Judge, Bangalore, in Crl.A/0001150/2023;
c) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL
EVER PRAY.
Petitioner
Through
Counsel

Date:

Place: