IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7310 OF 2019 & WRIT PETITION NOS.8641-8642 OF 2019(GM-RES) BETWEEN:
Smt.Lakshmamma, W/o late Bayyareddy, C/o Vijay Gopal, Aged 62 years, No.125, 2nd Main Road, Bharathi Layout, S G Palya, DRC Post, Bengaluru – 560 029.
(By Smt.Sandhya U.Pradhu, Advocate) AND:
1. The Authorized Officer, M/s Phoenix ARC Pvt. Ltd. Regd. Office : 5th Floor, Dani Corporate Park, 158, CST Road, Kalina, Santa Crux (East), Mumbai – 400 098.
2. M/s.SLV Hotels, No.45, 17th Main Road, 4th Block, Koramangala, Bengaluru – 560 034.
… Petitioner Represented by its Managing Partner- Sri.K.C.Muralikrishna 3. Sri.K.C.Muralikrishna, S/o Chinnappaswamy, Aged 50 years, Residing at No.3, 80 feet Road, 8th Block, Koramangala, Bengaluru – 560 065.
4. Mrs.Prathima M.K W/o K.C.Muralikrishna, Aged 38 years, Residing at No.3, 80 feet Road, 8th Block, Koramangala, Bengaluru – 560 065.
… Respondents (By Sri.B.C.Avinash, Advocate for R-1) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct R-1 to consider representation given by the petitioner dated 05.02.2019 vide Annexure - K and etc.
These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Smt.Sandhya U. Prabhu, learned counsel for the petitioner.
Sri.B.C.Avinash, learned counsel for respondent No.1.
In these petitions, the petitioner inter alia has prayed for the following reliefs:
“a) Issue writ of mandamus directing respondent No.1 to consider representation given by the petitioner dated 05/02/2019 vide Annexure-K, in the interest of justice, equity and law;
b) Issue writ of certiorari quashing the sale notice dated 23/01/2019 published in Hindu News paper dated 23/01/2019 vide Annexure-H.
c) Such further and other reliefs as this Hon’ble Tribunal may consider fit and proper in the facts and circumstances of the case.”
2. When the matters were taken up today, learned counsel for the petitioner submitted that the writ petitions may be disposed of with a direction to the competent authority of respondent No.1 to consider the representation submitted by the petitioner contained in Annexure-K dated 05.02.2019.
3. On the other hand, learned counsel for respondent No.1 submitted that suitable action in accordance with law shall be taken.
4. In view of the aforesaid submission and in the facts of the case, it is directed that the competent authority of respondent No.1 shall consider the representation submitted by the petitioner dated 05.02.2019 contained in Annexure-K by a speaking order within a period of three weeks from the date of receipt of the certified copy of the order passed today.
5. So far as relief ‘b)’ claimed in the petitions is concerned, learned counsel for the petitioner fairly submits that the petitioner has a remedy of filing an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘ the Act’ for short) before the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short) and the petitioner be granted liberty to file an application under Section 17 of the Act along with an application seeking interim relief as the auction is scheduled to be held on 28.02.2019 and the Tribunal be directed to decide the application for interim relief, which may be filed by the petitioner by a speaking order before 28.02.2019.
6. The aforesaid prayer has not been fairly opposed by learned counsel for respondent No.1.
7. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with liberty to the petitioner that in case the petitioner files an application under Section 17 of the Act before the Tribunal along with an application for interim relief within a period of two days from today, the Tribunal after affording an opportunity of hearing to respondent No.1 and all necessary parties, shall decide the application for interim relief by a speaking order on or before 28.02.2019.
Sd/- JUDGE dn/-