IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35604/2019 (GM-RES) BETWEEN:
K. PRASAD AGED ABOUT 55 YEARS S/O LATE SRI K. RAMANJANEYALU R/AT NO.8/9/123/1, 3RD BLOCK 9TH MAIN, JAYANAGAR BENGALURU-560 011. … PETITIONER (BY SRI RAJENDRA M.A., ADVOCATE) AND:
1. M/s. HDB FINANCIAL SERVICES LTD A NON FINANCIAL INSTITUTIONING FINANCE COMPANY HAVING ITS HEAD OFFICE AT RADHIKA, 2ND FLOOR, LAW GARDEN ROAD NAVRANGPURA AHMEDABAD GUJARAT – 380 009 2. M/s. HDB FINANCIAL SERVICES LTD BRANCH OFFICE:
NO.1078, 2ND FLOOR, 9TH CROSS 11TH MAIN, MAHALAKSHMIPURAM MAIN ROAD, MAHALAKSHMI LAYOUT BENGALURU-560 086 REPRESENTED BY ITS AUTHORIZED OFFICER 3. M/s. HDB FINANCIAL SERVICES LTD BRANCH OFFICE:
NO.16, GOWRI COMPLEX, SGN COMPLEX LALBAGH CROSS ROAD BENGALURU-560 027 REPRESENTED BY ITS AUTHORIZED OFFICER 4. M/s. SHREYAS HIND CHITS INDIA PVT. LTD., HAVING ITS OFFICE AT NO.56/1, 3RD FLOOR, 9TH MAIN 5TH BLOCK, JAYANAGAR BENGALURU-560 041 REPRESENTED BY ITS DIRECTOR 5. SRI M. SRINIVAS S/O MR. Y.V.MUNIPAPE GOWDA AGED ABOUT 65 YEARS DIRECTOR OF M/s. SHREYAS HIND CHITS INDIA 6. Mrs. PREETHI RAM MOHAN D/O RAM MOHAN B AGED ABOUT 30 YEARS DIRECTOR OF M/s. SHREYAS HIND CHITS INDIA PVT. LTD.
7. Mrs. B.G. PUSHPALATHA D/O BANGALORE GOPINATH AGED ABOUT 55 YEARS 8. MR. SUDEEP SRINVAS S/O MR. Y .V. MUNIPAPE GOWDA AGED ABOUT 36 YEARS RESPONDENT NOS.5 TO 6 ARE R/AT NO.969, 5TH ‘C’ CROSS VIJAYA FINANCIAL INSTITUTION LAYOUT BANNERGHATTA ROAD BENGALURU-560 076 … RESPONDENTS (BY SRI V.B. RAVI SHANKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT FINANCIAL INSTITUTIONS TO CONFIRM THE SALE IN FAVOUR OF THE PETITIONER THROUGH PRIVATE TREATY (ANNEXURE-A) IN ACCORDANCE WITH PROVISIONS OF THE ACT AND LAW, TO AVOID MULTIPLE LITIGATION AND ABUSE OF PROCESS OF LAW BY ALLOWING THE WRIT PETITION WITH COSTS.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Rajendra M.A., learned Counsel for the petitioner.
Sri V.B. Ravi Shankar, learned counsel for the respondents.
2. After arguing the matter to some extent, learned counsel for the petitioner submits that he has already approached the Debt Recovery Tribunal by filing an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and he be granted the liberty to raise the issues by way of an application for amendment before the Debt Recovery Tribunal.
3. He is permitted to do so.
4. With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE cp*