IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.12298 OF 2015 (GM-DRT) BETWEEN:
Sri. Gowri Shankara, S/o. Late C.S.Hanumantha Rao, Aged about 72 years, No.48, flat No.D1, 3rd Floor, 13th B Cross, 8th Main, BTM 2nd Stage, N.S.Palya, Bengaluru-560076. ... Petitioner (By Sri. B.C.Venkatesh, Advocate for Sri. B.M.Jagadish, Advocate) AND:
1. The Chief Manager, ORIENTAL BANK OF COMMERCE, No.1149, 26th Main, 4th T Block, Jayanagara, Bengaluru-560041.
2. Smt. Basanthi Patro, W/o. Bimal Patro, Aged bout 40 years, Residing at No.93, 3rd Main, BHCS Layout, BTM 2nd Stage, Benglauru-560076. ...Respondents (By Sri. Sri. M.Mohamed Ibrahim, Advocate for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the entire records in relation to possession notice dated 09.10.2013 issued by the R-1 authorized officer, Oriental Bank of Commerce and etc., This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R Heard learned counsel for the parties.
The petitioner is before this Court seeking to protect his possession in respect of the schedule property.
2. The respondent No. 1 – Oriental Bank of Commerce had initiated action under the provisions of the SARFAESI Act to take possession of the property. Since the petitioner claims to be a lessee in respect of the property, this Court through an interim order dated 09.04.2015 had stayed the dispossession of the petitioner.
3. The issue related to the tenancy and lease-hold rights are also to be decided in an appeal filed under Section 17(4A) of the SARFAESI Act before the Debt Recovery Tribunal (for short ‘the DRT’), the petitioner is required to be relegated to the remedy of appeal. However, since this Court had granted an interim order, such protection is required to be granted to the petitioner till the appeal is taken up for consideration by the DRT.
4. This is however subject to the condition that the petitioner shall file such appeal before the DRT within four weeks from this date. Registry to return the paper if any sought for by the petitioner.
Accordingly, writ petition is disposed of.
Sd/-
JUDGE RB