IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11711 OF 2019 (GM-RES) BETWEEN:
M/S SHREE CASHEWS A PARTNERSHIP FIRM SITUATED AT SY NO.122/A, BETKULI, KUMTA TALUK, UTTARA KANANDA DISTRICT-581 343 REP BY ITS MANAGING PARTNER SRI GURURAJA MAHABALA SHETTY S/O MAHAALA SHETTY AGED ABOUT 39 YEARS DOOR NO.2-4, PREMASHRAYA VILLAGE, GANTHIHOLE, BIJOOR POST KUNDAPURA TALUK, UDUPI-576224.
… PETITIONER (BY SRI. PRASHANTH H.S., ADVOCATE) AND:
1. BHARATH CO-OPERATIVE BANK (MUMBAI) LTD., UDUPI BRANCH, VASUKI TOWER NEXT TO VISHWA COMMERCIAL BUILDING, NEAR TALUK OFFICE OPP:DISTRICT COURT UDUPI-576 101 REP. BY DEPUTY GENERAL MANAGER AND AUTHORIZED OFFICER SRI BALAKRISHNA S KARKERA.
2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE KARWAR, UTTARA KANNADA DISTRICT UTTARA KANNADA-581 301 3. THE TAHASILDAR KUMTA TALUK KUMTA UTTARA KANNADA DISTRICT-581 343.
… RESPONDENTS (BY SRI. Y. D. HARSHA, AGA FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, SET ASIDE/QUASH THE ORDER DATED 07.03.2019, PASSED BY THE R-2 HEREIN VIDE ANNEXURE-A AND CONSEQUENTLY REMIT THE SAID MATTER TO THE R-2 DIRECTING HIM TO GIVE REASONABLE OPPORTUNITY OF BEING HEARD IN THE MATTER TO THE PETITIONER BEFORE PASSING FINAL ORDER IN THE PENDING PROCEEDING AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Prashanth H.S., learned counsel for the petitioner.
Sri. Y.D. Harsha, learned Additional Government Advocate for respondent Nos.2 and 3.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent No.1.
2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, petitioner inter alia has assailed the validity of the order dated 07.03.2019 passed 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).
4. When the matter was taken up today, learned counsel for the petitioner fairly submitted that he has the remedy of filing an application under Section 17 of the Act and the petitioner be granted liberty to approach the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short) by filing an application within reasonable time and till such time, status quo be granted with regard to the possession in respect of the property in question.
5. In view of the aforesaid submission and in the facts of the case, writ petition is disposed of with liberty to the petitioner that in case he files an application along with application for stay before the Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today, the Tribunal shall decide the application filed by the petitioner expeditiously in accordance with law.
6. It is directed that status quo as it exists today with regard to the possession in respect of the property in question, shall be maintained till the petitioner approaches the Tribunal.
7. It is made clear that this Court has not expressed any opinion on the merits and claim of the petitioner.
Accordingly, petition is disposed of.
Sd/- JUDGE Mds/-