IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35186 OF 2018 (GM-RES) BETWEEN:
L.MAHESH, S/O LATE LINGAPPA, AGED 35 YEARS, RESIDING AT NO.59, BHAGAVATHI LAYOUT, ARALIMARDAPALYA, SIRA GATE, TUMKURU 572103 (BY MR. N.SURESHA, ADV) AND:
1. M/S. BANK OF BARODA, TIPTUR BRANCH, LINGANNA COMPLEX, GROUDN FLOOR, OPP. TO GOVERNMENT GIRLS HIGH SCHOOL, B.H.ROAD, TIPTUR – 572 201.
TUMKUR DISTRICT. REPRESENTED BY ITS AUTHORISED OFFICER 2. M/S. SOLAR MOTORS 8TH CROSS, 2ND ‘B’ MAIN ROAD, ASHOKNAGAR, TUMKURU – 572 102. REPRESENTED BY ITS PARTNER 3. MRS.RAJANI MURALIDHAR, W/O MURALIDHAR M., ... PETITIONER PARTNER OF M/S.SOLAR MOTORS, 8TH CROSS, 2ND ‘B’ MAIN ROAD, ASHOKNAGAR, TUMKURU – 572 102.
4. MRS.SUVARNA, W/O SRIDHAR MURTHY, PARTNER OF M/S.SOLAR MOTORS, NO.18, BHAGAVATHI LAYOUT, ARALIMARADAPALYA, SIRA GATE, TUMKURU 572 102.
(BY MR.GOPALKRISHNA R.HEGDE, ADV FOR R1, V/O DATED 21.08.2018) ...RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES. GRANT AN INTERIM ORDER TO RESTRAIN THE R-1 BANK FROM TAKING POSSESSION OF THE SCHEDULED PROPERTY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.N.Suresha, learned counsel for the petitioner.
Mr.Gopalakrishn R. Hegde, learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the learned counsel or the parties, the same is heard finally.
2. When the matter was taken up today, learned counsel for the petitioner submitted that he has a remedy of approaching the Debt Recovery Tribunal by filing an application under Section 17(4A) of the Act and he be granted time to approach the Tribunal and till the petitioner file an application before the Tribunal no coercive action shall be taken.
3. In view of the submissions made and in the facts of the case, it is directed that in case the petitioner approaches the Tribunal by filing an application under Section 17(4A) of the Act within a period of four months from the date of receipt of certified copy of the order passed today along with an application for stay, the Debt Recovery Tribunal shall consider and decide the application for stay expeditiously in accordance with law. Till the application for stay is decided by the Debt Recovery Tribunal, no coercive action shall be taken for dispossession of the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS