IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32613 OF 2019(GM-RES) Between:
Smt.Sarojamma, W/o late G.Subbaiah, Aged about 60 years, R/at No.57/60, 3rd Main Road, 16th Cross, Gopalappa Layout, Lakkasandra, Bengaluru – 560 030.
(By Sri.K.S.Venkataramana, Advocate) And:
1. UCO Bank, Branch Office Jayanagar, No.238/35, 9th Main, 3rd Block, Jayanagar, Bengaluru – 560 011. Represented by its Branch Manager.
… Petitioner 2. Smt.Radha, W/o Sri.B.S.Shrinath, Aged about 33 years, R/at No.70, 7th Cross, Near Girinagar Police Station, Bengaluru – 560 085.
…Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the letter dated 29.07.2019 issued by respondent No.1 Bank vide Annexure-E and order dated 10.10.2018 passed by Chief Judicial Magistrate, Bengaluru in Cr.Misc.No.3454/2017 vide Annexure-F and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.K.S.Venkataramana, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to assail the validity of the order dated 10.10.2018 passed by the III Additional Chief Metropolitan Magistrate, Bengaluru 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) in a application under Section 17(4A) of the Act.
3. Accordingly, petition is disposed of with liberty to the petitioner that in case he files an application under Section 17 (4A) of the Act along with an application for stay before the Debts Recovery Tribunal within a period of two weeks from today, the same shall be dealt with by the Debts Recovery Tribunal in accordance with law.
4. Needless to state that for a period of two weeks, status-quo as it exists today with regard to possession in respect of the schedule property in question shall be maintained.
5. Office is directed to return the original documents to learned counsel for the petitioner on substitution thereof by a photo copy.
With the aforesaid directions, the writ petition is disposed of.
Sd/- JUDGE dn/-