IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.19781 OF 2019(GM-RES) BETWEEN:
1. SMT. LALITHAMMA, D/O SRI.GOPALAKRISHNA, AGED ABOUT 35 YEARS, 2. SMT. NAGARATHANA, W/O SRI. HEMACHANDRA, AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT NO.13, 5TH B CROSS, OM SHAKTHI ROAD, SANJEEVANAGARA 2ND PHASE, HEGGANAHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU – 560 086.
(BY MRS. Y.K.DEEPA, ADV. FOR MR.B.R.SRINIVASA GOWDA, ADV.) AND:
1. ANDHARA BANK, HEBBALA BRANCH, NO.3, DASARAHALLI MAIN ROAD, HEBBAL, KEMPAPURA, BANGALORE.
BY ITS MANAGER.
2. SRI.HANUMEGOWDA K., S/O KENGANNA, AGED ABOUT 65 YEARS, … PETITIONERS 3. SMT. PARVATHAMMA, W/O SRI.HANUMEGOWDA, AGED ABOUT 60 YEARS, BOTH ARE RESIDENTS OF NO.58, 21ST MAIN ROAD, J.C.NAGAR, KURUBARAHALLI, BENGALURU – 560 086.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 BANK, NOT TO EVICT OR DISPOSSESS THE PETITIONERS FROM THEIR RESPECTIVE PREMISES, WITHOUT FIRST REDEEMING THE PROPERTY IN QUESTION OR WITHOUT FOLLOWING THE PROCEDURE ESTABLISHED BY LAW AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Y.K.Deepa, learned counsel for Sri.B.R.Srinivasa Gowda, learned counsel the petitioners.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. After arguing the matter to some extent, learned counsel for the petitioners seeks leave of this Court to withdraw the writ petition with liberty to the petitioners to approach the Debts Recovery Tribunal by filing an application under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioners that in case such an application is filed by them along with application for stay, the Debts Recovery Tribunal after affording an opportunity of hearing to all necessary parties shall consider and decide the application for stay filed by the petitioners by a speaking order within a period of two weeks from the date of receipt of such application in accordance with law.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-