IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33351 OF 2018 (GM-RES) Between:
Kum. Sandhya, D/o Susai Anand, Age 22 years, Residing at Door No.306, 3rd Floor, No.437, New No.30, MGHS at 6th Cross, W.K.P. Road, 7th Block, Jayanagar West, Bangalore – 560 011.
… Petitioner (By Sri. N.Suresha, Advocate - Absent) And:
1. M/s. Hanumanthanagara Co-Operative Bank Ltd., No.7/29, 3rd Main Road, I Cross Road, Hanumanthanagara, Bengaluru – 560 079.
Represented by its Manager, Sri.D.G.Boregowda, S/o late Gavigowda, Aged about 56 years, 2. Sri.K.Lakshmi Narasimbha Murthy, S/o Sri.N.Krishnappa, Aged about 49 years, 3. Smt. K.Lalitha, W/o Sri.K.Lakshmi Narasimbha Murthy, Aged about 40 years, Respondents No.2 and 3, Residing at No.252, 1st Floor, 6th Main, 4th Block, Jayanagar, Bangalore – 560 011.
4. Sri.Narendra Kumar K., S/o late Kuttanpan, Aged about 40 years, No.252, I Floor 6th Main, 45th Block Jayanagar, Bangalore – 560 011.
5. Smt. K.Jayanthi, W/o Sri.K.Balakrishna, Age 47 years, Residing at No.151/2, 26th Cross, 6th Block, Jayanagar, Bengaluru – 560 081.
6. Sri. Sendil Kumar, S/o Subramanya, Age 38 years, Residing at No.172, 4th Main, 6th Block, Jayanagar, Bangalore – 560 011.
…Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct to R-1 not to take physical possession of the W.P. Schedule Properties and etc., This Writ Petition coming on for orders, this day, the Court made the following:-
ORDER None for the petitioner.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
3. Records perused. The petitioner/Tenant has filed this writ petition in which a prayer has been made to restrain respondent No.1 from taking physical possession of the schedule properties.
4. From perusal of the averments made in paragraph No.9 of the petition, it is evident that the proceedings have been initiated against the petitioner under the provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short). Respondent No.1 cannot be restrained from taking recourse to the remedy provided to it under the law.
5. This writ petition is pending before this Court since 2018, in which no interim order has been passed. Therefore, nothing survives for adjudication in this writ petition. In case, the grievance of the petitioner still subsist, he shall be at liberty to approach the Debts Recovery Tribunal under Section 17 of the Act.
With the aforesaid liberty, the writ petition is disposed of.
Sd/- JUDGE dn/-