IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.30972-30974 OF 2019 (GM-RES) BETWEEN:
1. SMT. M LALITHA W/O LAKKE GOWDA, AGED ABOUT 59 YEARS 2. SMT.NAINA V. KHALE W/O VIJAYAKUMAR R. KHALE, AGED ABOUT 60 YEARS 3. SMT.SUMITHRA K.M. W/O MOHAN T.P.
AGED ABOUT 26 YEARS ALL ARE RESIDING AT SITE NO.488, BBMP KHATHA NO.464, 464, 488/455, 2ND CROSS, 7TH MAIN, NGEF EMPLOYEES’ HOUSING BUILDING CO-OPERATIVE SOCIETY LTD., LAYOUT, NAGARBHAVI II STAGE, NRUPATHUNGA NAGAR, BENGALURU-560 056. … PETITIONERS (BY SRI KRISHNAMURTHY M.R., ADV.) AND:
1. CHIEF MANAGER UCO BANK, JAYANAGARA BANK, NO.238/35, 9TH MAIN, 3RD BLOCK, JAYANAGAR, BENGALURU-560 011.
2. SRI MOHAN.N S/O NAGRAJU, AGED ABOUT 34 YEARS, 3. SMT.LAKSHMI W/O NAGRAJU, AGED ABOUT 67 YEARS, M/S. MOHAN TRANSPORT, RESPONDENT NOS.2 & 3 RESIDING AT NO.781, II MAIN ROAD, CHAMRAJPET, BENGLAURU-560 002. …. RESPONDENTS - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 NOT TO DISPOSSESS THE PETITIONERS FROM THE PREMISES UNDER THEIR OCCUPATION AT SITE NO.448, BBMP KHATA NO.464/464/488/455, 2ND CROSS, 7TH MAIN, NGEF EMPLOYEES’ HOUSING BUILDING CO-OPERATIVE SOCIETY LTD., LAYOUT, NAGARBHAVI II STAGE, NRUPATHUNGA NAGAR, BENGLAURU – 560056 AND ETC., THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Krishnamurthy M.R, learned counsel for the petitioners.
2. In view of the submission made by the learned counsel for the petitioners, requirement of filing the translated version of the documents is dispensed with.
3. After arguing the matter for sometime, learned counsel for the petitioners seeks leave of this Court to withdraw these petitions with liberty to approach the Debt Recovery Tribunal by filing a petition under Section 17(4)A of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4. Needless to state that in case such petition is filed along with the application for stay, the Debt Recovery Tribunal shall decide the said application, which may be filed by the petitioner as expeditiously as possible and preferably within three days from the date of receipt of such an application after hearing the parties.
Accordingly, the writ petitions are disposed of with liberty as aforesaid.
Sd/- JUDGE PYR