IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE H T NARENDAR PRASAD WRIT PETITION No.32996/2015 (GM - RES) BETWEEN:
S.N. SURYAPRAKASH S/O LATE S R NARAYANAPPA, AGED 55 YEARS, R/AT NO.24, NEW NO.3, GROUND FLOOR, 5TH CROSS, MANJUNATHA LAYOUT, GUNDAPPA ROAD, R.M.V. 2ND STAGE, NAGASHETTY HALLI, BENGALURU-560094.
(BY SRI SURESHA R., ADV.) AND:
1. ARMS A DIVISION OF ASSET RECONSTRUCTION, COMPANY (INDIA) LIMITED, UNIT NO 305, 3RD FLOOR, KEDIA ARCADE # 92, INFANTRY ROAD, BENGALURU-560 001, REPRESENTED BY HIS AUTHORIZED OFFICER, 2. DAYANAND M S/O. LATE B. MUNIYAPPA AGED ABOUT 62 YEARS NO.233, SITUATED AT NAGASHETTIHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, ... PETITIONER BENGALURU – 560 094 3. RUKMANI K W/O. DAYANANDA AGED ABOUT 50 YEARS NO.233, SITUATED AT NAGASHETTIHALLI VILLAGE KASABA HOBLI, BENGALURU NORTH TALUKU, BENGALURU – 560 094.
(BY SRI FRANCIS XAVIER, ADV. FOR R1) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR DIRECTION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO RESPONDENT NO.1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking to protect his possession in respect of the petition schedule property.
2. The respondent No.1 initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002 (for short ‘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 10.08.2015, has stayed the dispossession of the petitioner. Since the issue is related to the tenancy and lease-hold rights, the tenant can challenge the same under the provisions of Section 17(4A) of the SARFAESI Act before the Debt Recovery Tribunal (for short ‘the DRT’).
3. Under these circumstances, the petitioner is required to be relegated to the remedy of appeal. 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.
4. This is however subject to the condition that the petitioner shall file such appeal before the DRT within four weeks from today.
5. Petition is accordingly disposed of.
6. Registry, to return the papers if any, sought for by the petitioner.
Sd/-
JUDGE nvj