IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35328 OF 2019(GM-RES) BETWEEN:
1. H.B.RAVIKUMAR S/O H.BASAVARAJAPPA AGED ABOUT 42 YEARS OCC: AGRICULTURIST 2. YASHASWINI M.U W/O H.B.RAVIKUMAR AGED ABOUT 34 YEARS OCC: HOUSEHOLD WORK BOTH ARE R/O RAMBHAPURI BADAVANE KAGATHUR ROAD, CHANNAGIRI TOWN CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 004.
PRESENTLY RESIDING AT KAGATHUR VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRIT – 577 004. (BY MR.SHIVANANDA D.S., ADV.) AND:
1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DAVANAGERE DISTRICT DAVANAGERE – 577 002.
2. THE TAHSILDAR DAVANAGERE TQ & DISTRICT DAVANAGERE – 577 002.
3. THE BRANCH MANAGER … PETITIONERS CANFIN HOMES PVT LTD., DOOR NO.633, 1ST FLOOR THRISHUL TALKIES ROAD DAVANAGERE – 577 002.
4. THE MANAGER CANFIN HOMES PVT. LTD., REGD., OFFICE NO.29/1 M.N.KRISHNARAO ROAD LALBAGH WEST BASAVANAGUDI BENGALURU – 560 002.
5. THE AUTHORISED OFFICER UNDER THE SARFAESI CANFIN HOMES PVT LTD., NO.633, 1ST FLOOR K.B.EXTENSION OPP. BELLAR SIDDAMMA PARK DAVANAGERE – 577 002.
(BY MR.B.BALAKRISHNA, ADV.) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUSAH THE POSSESSION NOTICE ISSUED BY R5 DATD 06.06.2018 AS PER ANNEXURE-F AND IMPUGNED ORDER DATED 25.07.2019 PASSED BY THE R1 AS PER ANNEXURE-N.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Shvananda D.S., Learned counsel for the petitioners.
Mr.B.Balakrishna, learned Additional Government Advocate for respondents.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition under Article 226 of the Constitution of India, the petitioner inter alia has assailed the validity of the notice dated 05.07.2019 issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act' for short).
2. When the matter was taken up today, learned counsel for the petitioner submitted that he be granted liberty of filing a petition under Section 17 of the Act along with an application for stay and since, the Debt Recovery Tribunal is not holding sitting for next three days, the petitioner be granted ad interim protection till the application submitted by the petitioner is considered in accordance with law.
3. In view of the aforesaid submissions and for the reasons assigned in the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018, the petitioner has a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 17 of the Act within two weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principle contained under Section 14 of the Limitation Act, 1963 to the petitioners and shall decide the application. Till the application for stay is considered, status quo as it exists today with regard to possession of the premises in question shall be maintained by the parties. It is made clear that this court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS