IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.5094 OF 2019(GM-DRT) BETWEEN:
KAUSER JABEEN D/O. H. SHARIFF, AGED ABOUT 55 YEARS, RESIDING AT NO. 2044, 4TH CROSS, SAMADHANA NAGAR, KADUGONDANAHALLI, BENGALURU NORTH, ARABIC COLLEGE POST, BENGALURU-560 045. ..PETITIONER (BY SRI S RAJASHEKAR, ADVOCATE) AND:
1.UCO BANK ASSET MANAGEMENT BRANCH, III FLOOR, UCO BANK BUILDING, K.G. ROAD, BANGALORE-560 009, REPRESENTED BY ITS PRINCIPAL OFFICER, CHIEF MANAGER.
2.THE RECOVERY OFFICER - I DEBT RECOVERY TRIBUNAL-II, LIC JEEVAN MANGAL BUILDING, 2ND FLOOR, NO.4, RESIDENCY ROAD, BENGALURU-560 024.
3.M/s. A.R.R. BUILDERS AND DEVELOPERS #NO.38, ALMAS VILA, 100 FEET ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE-560 095, REPRESENTED BY ITS PROPRIETOR, MR. SYEDWAJIDABID.
4.MR. SYEDWAJIDABID AGED ABOUT 51 YEARS, S/O. SYED ABIDHYDER, RESIDING AT ALMAS VILLA, NO.38, ALMAS VILA, 100 FEET ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE-560 095, 5.MRS. ALMAS SYED WAJID W/O. SYED WAJID ABID, AGED ABOUT 38 YEARS, RESIDING AT ALMAS VILLA, NO.38, ALMAS VILA, 100 FEET ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE-560 095 ..RESPONDENTS (BY SRI K R PARASHURAM, ADVOCATE FOR C/R-1, SRI M.N.KUMAR, CGC FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
CALL FOR THE RECORDS IN THE MATTER BEFORE R-2 RECOVERY OFFICER-2 OF DEBTS RECOVERY TRIBUNAL-II AT BENGALURU IN TRC NO.427/2017;
DIRECTION BY WAY OF WRIT OF MANDAMUS TO R-2 IN TRC 427/2017, TO DESIST FROM INITIATING ANY ACTION IN RESPECT OF PETITIONER’S PROPERTY BEARING NO.38, SITUATED IN BLOCK VI, KORAMANGALA EXTENSION, BANGALORE MEASURING EAST TO WEST 22.8 FT. MTRS., AND NORTH TO SOUTH 15.25 MTRS, [TOTAL AREA 347.7 SQ MTRS] AS THIS PROPERTY IS NOT SUBJECT MATTER OF ANY MORTAGE IN FAVOUR OF FIRST RESPONDENT BANK MADE BY R-3 TO 5.
SET ASIDE ORDER DATED:27.12.2018 PASSED BY R- 2 IN TRC 427/2017 AT ANNEXURE-X ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr.S.Rajashekar, learned counsel for the petitioner.
Mr.K.R.Parashuram, learned counsel for respondent No.1.
Mr.M.N.Kumar, learned Central Government Counsel for respondent No.2.
2. Petition is admitted for hearing.
3. With the consent of the learned counsel for the parties, petition is heard finally.
4. In this petition, the petitioner has sought the following reliefs:
“(i)Call for the records in the matter before R-2 Recovery Officer-2 of Debts Recovery Tribunal-II at Bengaluru in TRC No.427/2017;
(ii) Direction by way of writ of mandamus to R-2 in TRC No.427/2017, to desist from initiating any action in respect of petitioner’s property bearing No.38, situated in Block VI, Koramangala Extension, Bangalore, measuring East to West 22.8 ft. Mtrs., and North to South 15.25 mtrs, [Total Area 347.7 sq mtrs] as this property is not subject matter of any mortage in favour of first respondent bank made by R-3 to 5.
(iii)Set aside order dated:27.12.2018 passed by R-2 in TRC No.427/2017 at Annexure-X.
5. When the matter is taken up today, learned counsel for both the parties submit that the impugned order dated 27.12.2018 has been passed by the Recovery Officer without affording opportunity to the petitioner. Therefore same may be quashed and the Recovery Officer may be directed to afford an opportunity of hearing to the petitioner and decide in accordance with law.
6. Learned counsel for the parties undertake to appear before the Recovery Officer -2, DRT-II on 20.09.2019 at 3.00 P.M. and thereafter Recovery Officer shall afford opportunity to the parties and proceed in accordance with law.
With the aforesaid direction, writ petition is disposed of.
Sd/- JUDGE SBN