IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27582 OF 2018 (GM -RES) BETWEEN:
Gagan V., S/o Venugoapl, Age 21 years, No.1/9, Gurudatta Layout, 3rd A Cross, Hosakerehalli Village, Uttarahalli Hobli, Bangalore South.
(By Sri. N. Suresha, Advocate) AND:
1. Kotak Mahindra Bank, Banashankari III Stage, Bangalore. Represented by its Authorized Officer.
2. Mr.Padmanabha, S/o S.N.Anantharamaiah, R/at No.1/9, 3rd Stage, Gurudatta Layout, Hosakerehalli, BSK 3rd Stage, Bangalore – 560 085.
… Petitioner 3. Mrs. Umadevi G.N., R/at No.25, 2nd Cross, K.G.Nagar, Basavanagudi, Bangalore – 560 018.
…Respondents (By Sri. Francis Xavier, Advocate for C/R) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct R-1 not to take physical possession of the Writ Petition Schedule Properties and etc., This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri.N.Suresha, learned counsel for the petitioner.
Sri.Francis Xavier, learned counsel for caveator/respondents.
2. In this petition, the petitioner inter alia seeks for a direction to respondent No.1 not to take physical possession of the writ petition schedule properties.
3. When the matter was taken up today, learned counsel for the respondents submitted that the order dated 16.02.2018 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) was challenged before the Debts Recovery Tribunal and the Debts Recovery Tribunal has already dismissed the application filed by the petitioner.
4. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to take recourse to the remedy of appeal which is provided to him under Section 18 of the Act.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-