IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.41538 OF 2015 (GM-RES) BETWEEN:
SANJEEV KUMAR BHANDARI S/O LAKHAN LAL, AGE: 34 YEARS, RESIDING AT NO.7, 1ST FLOOR, RAMAIAH COMPOUND, 5TH A CROSS, NAGAPPA STREET, PALACE GUTTAHALLI, BANGALORE 560003 … PETITIONER (BY SMT.VANITHA K.R., ADV.) AND:
1. VIJAYA BANK MYSORE ROAD BRANCH, NO.152, 2ND MAIN, 7TH CROSS, CHAMARAJPET, BENGALURU 560018 REPRSENTED BY ITS AUTHORISED OFFICER 2. RAMESH K S/O LATE KANNAPPA, AGE: 46 YEARS, RESIDING AT NO.7, RAMAIAH COMPOUND, 5TH A CROSS,NAGAPPA STREET, PALACE GUTTAHALLI, BENGALURU 560003 3. CHANDRA MANIKKAM W/O K. RAMESH KANNAPPA, AGE: 44 YEARS, RESIDING AT NO.7, RAMAIAH COMPOUND, 5TH A CROSS,NAGAPPA STREET, PALACE GUTTAHALLI, BENGALURU 560003 … RESPONDENTS (BY SRI.K.V.LOKESH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.J.Prakash, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent Nos.1 and 2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondent No.2 not to take physical possession of the writ petition scheduled properties.
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioner has a remedy of filing an application under Section 17-4A of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
5. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 17-4A of the Act within six weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioners and shall decide the application. Till then, the interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV