IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2021 OF 2017 (GM-RES) BETWEEN:
M. RANGANATH S/O LATE H. M. MUDDANNA AGED 72 YEARS, RESIDING AT NO.78, NEW NO.77, GROUND FLOOR NEAR MARUTHI PROVISION STORE KENGUNTE MALLATHAHALLI, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560056.
… PETITIONER (BY SRI. N.SURESHA, ADV.) AND:
1. CORPORATION BANK KENGERI SATELLITE TOWN BRANCH, NO.132, 1ST MAIN ROAD, KENGERI, SATELLITE TOWN, BENGALURU 560060 REPRESENTED BY HIS AUTHORIZED OFFICER.
2. SRI. RAVINDRA S/O RAMASWAMY AGE 45 YEARS, 3. SMT. MAMATA W/O RAVINDRA AGE 40 YEARS, BOTH ARE RESIDING AT NO.1162, 10TH CROSS, ASHOK NAGAR, KATHARIGUPPE MAIN ROAD BENGALURU - 560 050.
… RESPONDENTS (BY R-1 SERVED & UNREPRESENTED, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO RESONDENT NO.1 NOT TO TAKE PHYSICAL POSSESSION OF W.P. SCHEDULED PROPERTIES AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. N. Suresha, learned counsel for the petitioner.
In this petition, petitioner inter alia seeks for a direction to respondent No.1 not to take physical possession of the writ petition scheduled properties.
2. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17(4A) of the Act.
3. Accordingly, writ petition is disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of eight weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
4. Ad-interim order dated 22.02.2017 granted by a Bench of this Court shall continue for a period of eight weeks from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE Mds/-