IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION Nos.13415-13416/2017 (GM-KSFC) BETWEEN:
1. M/S. MANICKAM QSS COLOUR LAB, REPRESENTED BY ITS:
SRI V.M. MANICKAM.
2. MR. V.M.MANICKAM, S/O. LATE M. VERGHEESE, AGED ABOUT 63 YEARS, ALL ARE RESIDING AT NO.35, OLD NO.76/9 & 75/10, NOW BEARING CORPORATION NO.35/11, 2ND CROSS, BHARATHI LAYOUT, SUDDAGUNTEPALYA, BENGALURU-560 029.
3. SMT.JANCY MANICKAM, W/O.SRI V.M.MANICKAM, AGED ABOUT 55 YEARS, RESIDING AT NO.35, OLD NO.76/9 & 75/10, NOW BEARING CORPORATION NO.35/11, 2ND CROSS, BHARATHI LAYOUT, SUDDAGUNTEPALYA, BENGALURU-560 029. …PETITIONERS (BY SRI RAJENDRA M.A., ADV.) AND:
1. THE MANAGING DIRECTOR, KARNATAKA STATE FINANCIAL CORPORATION, THIMMAIAH ROAD, BENGALURU-560 001.
2. THE DEPUTY GENERAL MANAGER, KARNATAKA STATE FINANCIAL CORPORATION, THIMMAIAH ROAD, BENGALURU-560 001.
3. THE ASSISTANT GENERAL MANAGER, KARNATAKA STATE FINANCIAL CORPORATION, THIMMAIAH ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI S.G.PANDITH, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-KSFC NOT TO DISPOSSESS THE OCCUPANTS OF THE SCHEDULE PREMISES BASED ON THE ORDERS PASSED BY THE 6TH ACMM COURT, BANGALORE [ANNEXURE-A] IN CRL. NO.MIS NO.680/2017 DATED 21.02.2017 SINCE THE SAID ORDER IS NOT CONFORMITY WITH THE PROVISION OF SECTION 14 OF SARFAESI ACT, 2002.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri S.G.Pandit, learned counsel to accept notice for respondents No.1 to 3. He is permitted to file Vakalath in the Registry in four weeks.
2. The petitioners are assailing the order passed under Section 14 of the SARFAESI Act. Against such order, the petitioners have the remedy of appeal as provided under Section 17 of the Act. Hence, liberty is reserved to the petitioners to file such appeal. The respondents would be at liberty to proceed further in the matter, if the petitioners do not file the appeal within two weeks from the date of receipt of a copy of this order. Thereafter, the matter in any event would be regulated by the orders, if any that is passed by the DRT.
3. Hence, leaving open all questions for consideration by the DRT, these petitions stand disposed of. Registry to return the papers, if any sought for by the learned counsel for the petitioners.
Sd/- JUDGE ST