IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11907 OF 2019 (GM-DRT) BETWEEN:
Sri. G. Sanketh, S/o Sri. Bhakthavastsalam, Aged about 25 years, House no.A-18G2, Brigade Meadows Apartments, Kanakapura Road, Udhyapura Post, Bengaluru – 560 082.
… Petitioner (By Sri. S. N. Aswathanarayan, Advocate) AND:
The Authorized Officer, Dewan Housing Finance Corpn., Ltd., (DHFL), #82, 1st Floor, Above IDBI Finance, Dr. Rajakumar Road, 2nd Block, Rajajinagar, Bengaluru – 560 082. Represented by its Chief Manager, Asset Recovery, Management Branch.
… Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the possession notice dated 19.01.2019 vide Annexure – E issued by the respondent – authorized officer, Dewan Housing Finance Corporation Ltd., and the impugned order dated 06.03.2019 passed by the Debts Recovery Tribunal in S.A.No.87/2019 on I.A.No.336/2019 produced as Annexure – G and etc., This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. S.N. Aswathanarayan, learned cousnel 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. Heard learned counsel for the petitioner.
3. In this petition, petitioner has assailed the validity of the order dated 06.03.2019 passed by the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short) on an application preferred by the petitioner under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
4. Learned counsel for the petitioner submits that the impugned order has been passed without affording an opportunity of hearing to the petitioner.
5. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of the writ petition with liberty to the petitioner that in case he files an application for modification of the interim order dated 06.03.2019 before the Tribunal, the Tribunal shall consider the application for modification of the interim order by a speaking order within a period of one week from the date of receipt of such an application after affording an opportunity of hearing to the parties.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE Mds/-