IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4129 OF 2019 AND WRIT PETITION NOS.5404-5405 OF 2019 (GM-RES) BETWEEN:
1. MRS. NAGASHREE N K W/O MADHUKUMAR P AGED ABOUT 29 YEARS RESIDING AT NO.495 30TH CROSS, 1ST STAGE "D" BLOCK, J.P. NAGAR MYSORE 570008.
2. MR. MADHUKUMAR P S/O LATE PANDURANGA AGED ABOUT 37 YEARS RESIDING AT NO.495 30TH CROSS, 1ST STAGE "D" BLOCK, J.P. NAGAR MYSORE 570008.
3. GOURAMMA W/O LATE PANDURANGA AGED ABOUT 62 YEARS RESIDING AT NO.495 30TH CROSS, 1ST STAGE "D" BLOCK, J.P. NAGAR MYSORE 570008.
... PETITIONERS (BY SRI. CYRIL PRASAD PAIS, ADVOCATE) AND:
1. AUTHORIZED OFFICER VIJAYA BANK, CENTRAL BRANCH NO.1, SHALIVAHANA ROAD NAZARBAD MYSORE 570 010.
2. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE KRISHNARAJA BOULEVARD ROAD MYSORE CITY MYSORE DISTRICT 570 001.
3. SUPERINTENDENT OF POLICE MYSORE CITY POLICE QUARTERS JYOTHI NAGAR, JALAPURI MYSORE 570 019.
4. TAHSILDAR MYSORE TALUK NAZARBAD MYSORE 570 010.
... RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR C/R1 SRI. Y.D.HARSHA, AGA FOR R2 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.12.2018 PASSED BY THE R-2 IN PROCEEDINGS WHICH IS AT ANNEXURE-A AND CONSEQUENTLY HOLD THAT THE R3 AND R4 DO NOT HAVE ANY POWERS U/S 14 OF THE SARFAESI ACT TO TAKE POSSESSION OF THE SCHEDULE PROPERTY AND GRANT AN INTERIM ORDER TO STAY THE EXECUTION AND OPERATION OF THE IMPUGNED ORDER DATED 22.12.2018 PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE - THE R-2 HEREIN IN PROCEEDINGS NO.MAG(3) MISC 262/2018 TILL FURTHER ORDERS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Cyril Prasad Pais, learned counsel for the petitioners.
Sri. Vignesh Shetty, learned counsel for caveat/respondent No.1.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.2 to 4.
In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 22.12.2018 passed by the 2nd respondent herein under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
2. After arguing the matter to some extent, the learned counsel for the petitioners seeks leave of this Court to withdraw the petitions with liberty to file an application under Section 17 of the Act. In case, such an application is filed, the same shall be considered as expeditiously as possible.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE Prs*