IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.No.6580/2018 & W.P.No.6902/2018(GM-RES) BETWEEN:
1. Sri Girish Rao K U s/o late K U Srinivasa Rao Aged about 53 years House No.168, Phase-2 Rajiv Gandhi Nagar National Technological Institutions (NTI) Housing Co-operative Society Sahakara Nagar Bangalore-560 092.
2. Smt.Manjula G Rao w/o Sri Girish Rao K U Aged about 51 years House No.168, Phase-2 Rajiv Gandhi Nagar National Technological Institutions (NTI0 Housing Co-operative Society Shakara Nagar Bangalore-560 092. .. Petitioners (By Sri K S Bheemaiah, Advocate) AND:
IDBI Bank Limited Represented by its Chief Manager & Authorised Officer IDBI House, No.58 Mission Road Bangalore-560 027 Post Bag No.27105. .. Respondent (By Sri Srinath R K, Advocate) These W.Ps. are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned `Loan Recall Notice’ dated 4.5.2017 issued by the respondent to the petitioners at Annexure-E and etc.
These writ petitions coming on for orders this day, the Court made the following:
O R D E R Mr.K.S. Bheemaiah, learned counsel for the petitioner. Sri.Srinath.R.K., learned counsel for the respondent.
2. Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
3. In these petitions, the petitioners inter alia seek quashing of the demand notice issued under Section 13(2) of SARFAESI Act dated 25.07.2017 and Symbolic Possession Notice dated 15.11.2017.
4. From the perusal of the averments made in the writ petitions, it is evident that the action against the petitioners has been taken under the provisions of the SARFAESI Act, 2002.
5. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioners is to file an application under Section 17 of the Act.
4. Accordingly, petitions are disposed of with liberty to the petitioners that in case they file an application under Section 17 of the Act before the Debts Recovery Tribunal within a period of one week from today the Debt Recovery Tribunal shall decide the application for stay which may be filed by the petitioners within a period of one week from the date of receipt of such application after affording an opportunity of hearing to the parties.
5. Till the application for stay is decided i.e. for the period of two weeks, ad-interim order dated 16.05.2019 granted by a bench of this Court, shall continue insofar as it pertains to the possession of the premises in question. It is made clear that this Court has not expressed any opinion on the merits of the case.
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