IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35589 OF 2019 (GM-RES) BETWEEN:
RAMA CHANDER S/O SHESHARAM AGED ABOUT 59 YEARS R/AT. No.494 (494-11) 9TH CROSS, RAJ MAHAL VILAS EXTENSION, BANGALORE.
(BY MR. VARUN M.R. ADV.) AND:
1. THE AUTHORISED OFFICER ICICI HOME FINANCING CORPORATION HAVING REGISTERED BRANCH OFFICE IN ABV. CENTRAL BANK, 9TH CROSS 9TH MAIN, OPPOSITE TO THIRUMALAGIRI VENKATESHWARA TEMPLE, 2ND PHASE BANGALORE-560078.
2. SRI. RAMAKRISHNA KARUTURI R/AT. #9, 8TH MAIN, 1ST CROSS PALACE ORCHID, SADASHIVANAGAR BANGALORE-560080.
3. STATE OF KARNATAKA REP. BY SADASHIVNAGAR POLICE STATION STATION HOUSE OFFICER 11TH CROSS, SADASHIVANAGAR MATHIKERE, BANGALORE-560080.
… PETITIONER … RESPONDENTS (BY MR. B. BALAKRISHNA, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO DELIVER THE PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER After arguing the matter for sometime, Learned counsel for the petitioner submits that he be granted the liberty to file a petition along with an application for ad interim direction under Section 17(4A) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act' for short).
2. In view of the aforesaid submission, the writ petition is disposed of with a direction that in case the petitioner files a petition under Section 17(4A) of the Act along with application for appropriate direction. The application for appropriate direction shall be decided by the Debt Recovery Tribunal after affording an opportunity of hearing to both the parties by a speaking order within one week from the date of receipt of such an application.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS