IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.59445-450 OF 2016 (GM-RES) BETWEEN:
1. Sri. C. N. Umapathi, Age 62 years, S/o C. Narayanaswamy, R/o No.25, Ground Floor, 4th Main, RMV II Stage, Bengaluru – 560 094.
2. Sri. Aditya Worah, Age 30 years, S/o Jagesh Worah, R/o No.25, First Floor, 4th Main, RMV II Stage, Bengaluru – 560 094.
3. Sri. Basheer, Age 36 years, S/o Sri. Kaleem, R/o No.25, First Floor, 4th Main, RMV II Stage, Bengaluru – 560 094.
4. Sri. Deepak, Age 30 years, S/o Dhrub Roy, R/o No.25, Second Floor, 4th Main, RMV II Stage, Bengaluru – 560 094.
5. Sri. Arjumand, Age 35 years, S/o Saleem, R/o No.25, Second Floor, 4th Main, RMV II Stage, Bengaluru – 560 094.
6. Sri. Sudarshan, Age 46 years, S/o Muniswamappa, R/o No.25, Third Floor, 4th Main, RMV II Stage, Bengaluru – 560 094.
… Petitioners (By Sri. Mahesh S. Kammar, Advocate) AND:
1. M/s. Kotak Mahindra Bank Ltd., No.59, Shree Complex, Banashankari III Stage, Bengaluru – 560 085. Represented by its Authorized Signatory.
2. Sri. H. C. Ramesh, Age 45 years, S/o Channaiah, R/o No.409, ‘G’ Road, Ideal Homes, Rajarajeshwarinagar, Bengaluru – 560 094.
3. Smt. Anitha P., W/o Sri. H. C. Ramesh, Age 41 years, R/o No.409, ‘G’ Road, Ideal Homes, Rajarajeshwarinagar, Bengaluru – 560 094.
… Respondents (By Sri. Francis Xavier, Advocate for R1;
R2 served; Vide order dated 04.02.2017, notice to R3 is dispensed with) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to declare the action of the R-1 in evicting the petitioners from their respective houses of the schedule property as illegal, high handed and oppose to principles of natural justice and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. M. Sunil Sastry, learned counsel has filed a memo for retirement.
The aforesaid memo is accepted.
Sri. M. Sunil Sastry, learned counsel is permitted to do so.
Sri. Mahesh S. Kammar, learned counsel for the petitioners.
Sri. Francis Xavier, learned counsel for respondent No.1.
Petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, petitioners have assailed the validity of the ad-interim order dated 10.08.2015 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).
3. It is further submitted that in pursuance of the aforesaid ad-interim order, petitioners have already vacated the possession in question.
4. In view of the aforesaid submission and for the reasons assigned by this Court in order dated 30.01.2019 passed in W.P.No.6594/2018, the remedy available for the petitioners is to file an application under Section 17 of the Act.
5. Accordingly, petitions are disposed of with liberty to the petitioners that in case they file an application before the Debts Recovery Tribunal within a period of four weeks from the date of receipt of certified copy of the order passed today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE Mds/-