IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.54267/2016 (GM-RES) BETWEEN:
B. HARISH S/O. LATE. BETTAIAH, AGED ABOUT 46 YEARS, NO. 27, MIG NEW HOUSE, NO. 119/A-27, YELAHANKA, CMC KATHA NO. 119/A-27, PRESENT BBMP KATHA, NO. 23/199/A/27, KARNATAKA HOUSING BOARD AT 2ND MAIN ROAD, PUTTANAHALLI EXTENSION, YELENKA NEW TOWN, BANGALORE 560038 (BY SRI. R CHANNAKESHAVA, ADV.) AND:
1. BANK OF BARODA JAYANAGARA BRANCH, P.B. NO. 1120, 9TH MAIN ROAD, III-RD-BLOCK, JAYANAGARA, BANGALORE 560011 REP. BY ITS AUTHORISED OFFICER 2. M/S DYNAMIC BATTERIES BY ITS PROPRIETOR, SRI. HARIPRASAD REDDY, S/O. K VASUDEVA REDDY, AGED ABOUT 46 YEARS, NO. 351, 37TH CROSS, 7TH MAIN, 5TH BLOCK, JAYANAGAR, BANGALORE 560041 (BY SRI. SUNANDA S RATHOD, ADV. FOR R1 R2-SERVED, UNREPRESENTED) ... PETITIONER ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE W.P. SCHEDULED PROPERTY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus or such other direction to respondent No.1 not to take physical possession of the petition schedule property.
2. The petitioner claims to be a tenant in respect of the premises regarding which respondent No.1-Bank has initiated action under the SARFAESI Act. As seen from the documents produced along with the objection statement of the respondents, respondent No.2 has already approached the Debts Recovery Tribunal in I.R.No.3949/206. In addition, in view of the amendment to Section 17 through sub-section 4-A, the petitioner who claims to be a tenant in respect of the premises is also provided the remedy of appeal.
In that view, reserving such liberty to the petitioner, the petition stands disposed of.
Sd/- JUDGE hrp/bms