IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.10434/2016 (GM RES) BETWEEN SMT. MALATHI KRISHNAMURTHY W/O. LATE SRI. PONNAIAH KRISHNAMURTHY, AGED ABOUT 77 YEARS, R/@ NO.D135-D, 5TH BLOCK, 7TH MAIN, JAYANAGAR, BENGALURU-560 041. ... PETITIONER (BY SRI SANJAY B K, ADV. - ABSENT.) AND 1. M/S. L & T HOUSING FINANCE LTD., FORMERLY KNOWN AS INDO PACIFIC HOUSING FINANCE LTD., M/S. A.I.G. HOME FINANCE INDIA LTD., M/S. WIEZMAN HOMES LIMITED, AT UNIT NO.1, III FLOOR, NO.301, PRIDE HULKUL, LALBAGH ROAD, BENGALURU-560 027.
2. VASU KRISHNAMURTHY, S/O SRI PONNAIAH KRISHNAMURTHY, AGED ABOUT 49 YEARS, 3. SMT. PRIYA KRISHNAMURTHY, W/O. SRI VASU KRISHNA MURTHY, AGED ABOUT 44 YEARS, BOTH ARE R/@ A-10-602, ELITA PROMENADE APARTMENTS JP NAGAR 7TH PHASE, BENGALURU-560 078. ... RESPONDENTS (BY SMT. SREEDEVI.K.B, ADV. FOR R1, V/O DATED 17/08/16 NOTICE TO R2 & R3 HELD SUFFICIENT.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY LEARNED II ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY AT BENGALURU IN CRL.MISC.3055/2015 AT ANNEX-P PASSED ON 28.09.2015 AT ANNEX-P ETC.
THIS WRIT PETITION COMING ON FOR “PRELIMINARY HEARING IN ‘B’ GROUP”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this petition under Article 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for the following reliefs:
“A] To issue a Writ in the nature of Certiorari and quash the order passed by the learned II Additional Chief Metropolitan Magistrate, Bengaluru City at Bengaluru in Crl. Misc. No.3055/2015 (Annexure-P) passed on 28-09-2015 as per Annexure-P.
B] Direct the Respondents not to create any third party interest pending disposal of this Writ Petition or interfere with the peaceful possession of the property.
C] Pass any such order, Writ or directions this Hon’ble Court deem fit under the facts and circumstances of this case, in the interests of justice and equity.”
2. This Court by order dated 30.1.2019 passed in WP No.6594/18 has held that, against an order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, an aggrieved party has remedy of filing an application under Section 17 of the Act.
3. For the reasons mentioned in the aforesaid order, the writ petition is disposed of with liberty to the petitioner to approach the Debt Recovery Tribunal (hereinafter referred as to the ‘Tribunal’ for short) within a period of three weeks from the date of receipt of the certified copy of the order passed today. The Tribunal shall extend the benefit of Section 14 of the Limitation Act and decide the application which may be preferred, after affording an opportunity of hearing to the petitioner.
4. Accordingly, the petition is disposed of.
Sd/- JUDGE Sk/- CT-HR