IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.23358/2014 (GM-RES) BETWEEN:
BHUJANGA SHARATH KUMAR SHETTY S/O BHUJANGA SHETTY AGE 52 YEARS RESIDING AT NO.255/8 MANJUNATHA NAGAR 7TH CROSS, 1ST MAIN UTTARAHALLI, BANGALORE 560061 (BY SRI. KESHV R AGNIHOTRI, ADV.) AND 1. REGIONAL DIRECTOR RESERVE BANK OF INDIA NRUPATUNGA ROAD BANGALORE 560 001 2. M/S CITI FINANCIAL CONSUMER FINANCE INDIA LTD NO.3, LSC PUSHP VIHAR NEW DELHI - 110062 REPRESENTED BY ITS AUTHORISED OFFICER 3. KOTAK MAHINDRA BANK BANASHANKARI IIIRD STAGE ... PETITIONER BHSC T BLOCK, BANGALORE-85 REPRESENTED BY ITS AUTHORISED OFFICER (BY SMT. SREEDEVI, ADV. FOR SRI. JAIPATIL, ADV.) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 12.5.2014 ISSUED UNDER SECURITIZATION ACT WHICH IS AT ANN- G AND DIRECTIONS i.e. NOT TO TAKE ANY COERCIVE STEPS FOR RECOVERY UNDER SECURITIZATION ACT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The writ petition is filed seeking for quashing the possession notice dated 12.5.2014 issued by the authorized officer of the respondent No.3-Bank at Annexure-G under Section 13(4) of SARFAESI Act.
2. The learned counsel for the respondent has taken up preliminary objection stating that the writ petition filed against the possession notice issued under the provisions of Section 13(4) of SARFAESI Act is not maintainable. The petitioner has alternate remedy under Section 17 of the SARFAESI Act.
3. In view of alternate remedy available to the petitioner, the petitioner is required to be relegated to the remedy of appeal before the DRT. However, since this Court had granted the interim order, such protection is required to be granted to the petitioner till the appeal is taken up for consideration by the DRT. This is however subject to the condition that the petitioner shall file such appeal before the DRT within three weeks from this date.
4. With the above observation, the petition is accordingly disposed of.
5. Registry, to return the papers if any, sought for by the petitioner.
Sd/- JUDGE DM Continued WP NO.23358/2014 HTNPJ: 25.01.2019 ORDER ON “FOR BEING SPOKEN TO”
The matter is posted for being spoken at the request of the learned counsel for the petitioner.
The learned counsel for the petitioner submits that the above matter was disposed of on 4.1.2019 and interim order was extended for a period of three weeks from 4.1.2019 to approach the DRT. Since, he could not receive the copy of the order dated 4.1.2019 in time, he has requested for extension of interim order.
Hence, the interim order is extended for another three weeks from today to approach the DRT.
Registry is directed to incorporate the same and issue fresh certified copy of the order.
Sd/- JUDGE DM