IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.29757 OF 2019 & 35099 OF 2019 (GM-RES) BETWEEN:
1. SMT JAYAMMA AGED ABOUT 65 YEARS W/O DASAPPA RESIDING AT NO.3 13TH B CROSS ROAD, AGRAHARA DASARAHALLI BANGALORE-79 2. SMT NAGAMMA AGED ABOUT 46 YEARS, RESIDING AT NO.3 13TH B CROSS ROAD, AGRAHARA DASARAHALLI BANGALORE-79 (BY MR.H R SUNIL KUMAR, ADV.) AND:
1. THE AUTHORIZED OFFICER KOTAK MAHENDRA BANK LTD NO 59 SREE COMPLEX BHSC T BLOCK, BANASHANKARI 3RD STAGE BANGALORE-560085 2. SRI SHIVANNA N S/O NATHE GOWDA AGED ABOUT 49 YEARS, RESIDING AT NO.3, OLD NO.32 13TH B CROSS ROAD, AGRAHARA DASARAHALLI … PETITIONERS BANGALORE-79 … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 4.7.2019 PASSED CRIMINAL MISCELLANEOUS CASE NO.5398/2017 (ANNEXURE-J) BY HON’BLE 5TH ACMM COURT; AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.R.Sunil Kumar, learned counsel for the petitioner.
2.Heard.
3. In these petitions under Article 226 of the Constitution of India, the petitioners have prayed for the following:
(a) Quash the order dated 04.07.2019 passed in Criminal Miscellaneous Case No.5398/2019 (Annexure-J) by Hon’ble 5th ACMM Court.
(b) Direct the 1st respondent not to interfere with the possession of the petitioner in schedule property without following due process of law;
(c) Declare that the petitioner’s leasehold rights over the schedule property are not regulated by and / or covered by Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(d) Grant costs of these proceedings.
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein the petitioners have a remedy of filing an application under Section 17(4A) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. For the aforementioned reasons, the petitions are disposed of with a liberty that in case the petitioners avail of the remedy provided to him under Section 17(4A) of the Act within eight 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.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE SS