IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.19696 OF 2018 (GM-RES) BETWEEN:
SRI. D.V. SRIDHAR S/O LATE D.N. VISHWANATHA SETTY AGED ABOUT 67 YEARS R/AT “SRI LAKSHMI ADINARAYANA NILAYA” NO.143, 5TH MAIN ROAD CHAMARAJPET, BANGALORE-18.
… PETITIONER (By Mr. RAGHU HULIKAL AND Mr. ESHWAR PRASAD B, ADVS., FOR Mr. NAVEEN B.H., ADV.,) AND:
1. M/S HDB FINANCIAL SERVICES LIMITED INTER-ALIA BRANCH AT NO.1078 2ND FLOOR, 11TH MAIN, 9TH CROSS MAHALAKSHMIPURAM MAIN ROAD ABOVE PUNJAB NATIONAL BANK MAHALAKSHMI LAYOUT BANGALORE-560086 REP. BY ITS AUTHORISED OFFICER SRI. MALLIKARJUNA G. JALIHAL.
2. SRI. M.A. SATHYA PRASAD S/O SRI. ADHINARAYANA SETTY R/AT NO.189 AND 189/1 2ND MAIN ROAD, CHAMARAJPET BANGALORE-18.
3. SMT. VIDYARANI SATHYA PRASAD W/O SRI. M.A. SATHYA PRASAD AGED ABOUT 45 YEARS R/AT NO.189 AND 189/1 2ND MAIN ROAD CHAMARAJPET BANGALORE-18.
(By Mr. V.B. RAVISHANKAR, ADV., FOR R1 … RESPONDENTS Mr. M. MOHAMED IBRAHIM, ADV., FOR R2 & R3) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 3-1-2018 vide Annx-A passed by the XXIV Addl. Chief Metropolitan Magistrate in Crl. Misc.No.1507/2017 and etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Sri.Raghu Hulikal and Sri.Eshwar Prasad B., learned counsel for the petitioner.
Sri.V.B.Ravishankar, learned counsel for respondent No.1.
Sri.M.Mohamed Ibrahim, learned counsel for respondent Nos.2 and 3.
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 under Article 227 of the Constitution of India, the petitioner inter alia is seeking quashment of the order dated 03.01.2018 passed by the XXIV Additional Chief Metropolitan Magistrate, Bengaluru.
4. Learned counsel for the petitioner, after arguing the matter to some extent, seeks leave of this Court to withdraw the writ petition with liberty to approach the appropriate forum under Section 17(4-A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
5. In view of the aforesaid submission, the writ petition is disposed of with liberty that in case the petitioner approaches the appropriate forum under Section 17(4-A) of the Act, the competent authority shall decide the appeal preferred by the petitioner in accordance with law.
6. In view of the disposal of the writ petition, I.A.1/2018 does not survive for consideration and is accordingly disposed of.
Sd/- JUDGE RV