IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.30943 OF 2019 & WRIT PETITION Nos.31470-31473 OF 2019 & WRIT PETITION Nos.31474-31475 OF 2019 (GM-RES) BETWEEN:
1. MRS.G.SHOBHA, W/O.SHIVASHANKAR, AGED ABOUT 36 YEARS, AT PRESENT RESIDING AT NO.1679, 4TH MAIN, SRI KESARINANDANA NILAYA, HMT LAYOUT, NAGASANDRA POST, BENGALURU – 560 073.
2. MR.SHIVANANDA POOJARI, S/O.GOPALAPOOJARI, AGED ABOUT 34 YEARS, AT PRESENT RESIDING AT NO.1679, 4TH MAIN, SRI KESARINANDANA NILAYA, HMT LAYOUT, NAGASANDRA POST, BENGALURU – 560 073.
3. MRS.JAYALAKSHMI, W/O.ERANNA.S.H, AGED ABOUT 30 YEARS, AT PRESENT RESIDING AT NO.1679, 4TH MAIN, SRI KESARINANDANA NILAYA, HMT LAYOUT, NAGASANDRA POST, BENGALURU – 560 073.
4. MRS.RAJAMMA, W/O.PUTTALINGAPPA, AGED ABOUT 42 YEARS, AT PRESENT RESIDING AT NO.1679, 4TH MAIN, SRI KESARINANDANA NILAYA, HMT LAYOUT, NAGASANDRA POST, BENGALURU – 560 073.
5. MR.PARAMESH.V.S, S/O.SHIVALINGEGOWDA, AGED ABOUT 44 YEARS, AT PRESENT RESIDING AT NO.1679, 4TH MAIN, SRI KESARINANDANA NILAYA, HMT LAYOUT, NAGASANDRA POST, BENGALURU – 560 073.
6. MRS.NAGAVENI, W/O.LATE NAGARAJU, AGED ABOUT 30 YEARS, AT PRESENT RESIDING AT NO.1679, 4TH MAIN, SRI KESARINANDANA NILAYA, HMT LAYOUT, NAGASANDRA POST, BENGALURU – 560 073.
7. MR.MAHESH KUMAR.V, S/O.VEERANNA, AGED ABOUT 37 YEARS, AT PRESENT RESIDING AT NO.1679, 4TH MAIN, SRI KESARINANDANA NILAYA, HMT LAYOUT, NAGASANDRA POST, BENGALURU – 560 073.
... PETITIONERS (BY SRI.SUBASH REDDY.V, ADV.,) AND:
1. UCO BANK, NO.238/35, 9TH MAIN, 3RD BLOCK, JAYANAGAR BRANCH, BENGALURU – 560 011.. REPRESENTED BY ITS AUTHORIZED OFFICER AND ASSISTANT GENERAL MANAGER.
2. MR.ERANNA.H, S/O.HANUMANNA, AGED ABOUT 30 YEARS, 3. MRS.THIPPAKKA, W/O.ERANNA.H, MAJOR IN AGE, BOTH ARE R/AT NO.18, KEMPAIAH BUILDING, 9TH CROSS, KAMMAGONDANAHALLI, BENGALURU – 560 015.
... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE R-1 & 2 FROM FORCIBLY EVICTING THE PETITIONERS AND THEIR FAMILY MEMBERS FROM THE SCHEDULE PREMISES, IN PURSUANCE OF NOTICE VIDE ANNX-B DTD. 19.07.2019, UNDER SECTION 13 OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Subash Reddy V., learned counsel for the petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. After arguing the matter to some extent, learned counsel for the petitioners seeks leave of this Court to approach Debts Recovery Tribunal by filing the application under Section 17 (4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. Needless to state that in case, petitioners file an application under Section 17 (4A) of the Act, before the Debts Recovery Tribunal along with an application for stay, application for stay shall be considered by the Debts Recovery Tribunal after hearing to the parties within a period of two weeks from the date of receipt of certified copy of the order passed today.
4. For a period of two weeks from the date of receipt of certified copy of the order passed today, status quo as it exists today with regard to the possession of the property in question shall be maintained.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, these petitions are disposed of.
Sd/- JUDGE Mds/-