IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.11767 OF 2015(GM-RES) BETWEEN:
Smt.N.Chandra Kala, W/o.T.L.Rama Krishna Aged about 45 years, No.544, Third Floor, 10th ‘A’ Main Road, 38th Cross, 5th Block, Jayanagar, Bangalore – 560 041. … Petitioner AND:
(By Sri Markanda Shetty, Advocate For Sri.R.Channakeshava, Advocate) 1. REPCO Home Finance Limited, # 109, First Floor, ‘A’ Wing, Mittal Tower, M.G.Road, Bangalore – 560 001, Represented by Authorized Officer.
2. N.Sudha, D/o.K.Narasimha Das, Age: 48 years, “Shree Saras”, No.544, 10th ‘A’ Main Road, 38th Cross, 5th Block, Jayanagar, Bangalore – 560 041.
3. Surya Prakash N. S/o.K.Narasimha Das, Age: 45 years, “Shree Saras”, No.544, 10th ‘A’ Main Road, 38th Cross, 5th Block, Jayanagar, Bangalore – 560 041.
4. Geetha S.Prakash, W/o.N.Surya Prakash, Age: 40 years, “Shree Saras”, No.544, 10th ‘A’ Main Road, 38th Cross, 5th Block, Jayanagar, Bangalore – 560 041.
5. Mr.Tulsi Das Nayadi, S/o.Late Lavakushal Bhagawandas, Age: 35 years, No.3, MIG 707, Yelahanka New Town, Bangalore – 560 064. ... Respondents (By Sri Bharath K., Advocate for R1: R2 to R5 served and unrepresented) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct R1 not to take physical possession of the writ petition scheduled properties and etc.
This writ petition, coming on for preliminary hearing ‘B’ Group, this day, the Court, made the following:
ORDER The petitioner is before this Court seeking to protect her possession in respect of the petition schedule property.
2. The respondent No. 1 – Finance Company Limited had initiated action under the provisions of the SARFAESI Act to take possession of the property. Since the petitioner claims to be a lessee in respect of the property, this Court through the interim order dated 26.03.2015 had stayed the dispossession of the petitioner.
3. The issue in this case is relating to tenancy and lease- hold rights. It has to be decided in an appeal filed under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal (for short ‘the DRT’). The petitioner is required to be relegated to the remedy of appeal.
4. However, since this Court had granted the interim order, such protection is required to be granted to the petitioner till the appeal is taken up for consideration by the DRT. This is however subject to the condition that the petitioner shall file such appeal before the DRT within four weeks from this date.
Petition is accordingly disposed of.
The Registry to return the papers, if any, sought for by the petitioner.
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