IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11415 OF 2019 (GM-RES) BETWEEN:
SRI. H.L. NAGENDRA S/O H.L. LINGAIAH AGED ABOUT 48 YEARS R/AT NO.241, 2ND FLOOR, BEHIND DHARMARAYASWAMY TEMPLE, BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU-560076.
… PETITIONER (By Mr. PADMANABHA V. MAHALE, SR. COUNSEL A/W Mr. VARAPRASAD K, ADV.) AND:
1. THE AUTHORIZED OFFICER CAN FIN HOMES LIMITED SAJINI, NO.68 (OLD NO.35) GROUND FLOOR, 12TH MAIN (OPP CORPORATION SWIMMING POOL) JAYANAGAR 3RD BLOCK BENGALURU-560011.
2. SRI. RAMESH B A S/O ANNAYYAPPA AGED ABOUT 40 YEARS R/AT 2ND CROSS, BILEKAHALLI VILLAGE NEAR VEERABHADRASWAMY TEMPLE BANNERGHATTA ROAD BENGALURU-560076.
… RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DTD. 05.03.2019 ISSUED BY THE R-1 VIDE ANNX-K. GRANT AN AD-INTERIM ORDER TO DIRECT THE R-1 BANK NOT TO DISPOSSESS THE PETITIONER FROM THE SCHEDULE PREMISES.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Padmanabha.V.Mahale, learned Senior counsel for Sri.Varaprasad.K, learned counsel for the petitioner.
2. When the matter was taken up today, learned counsel for the petitioner at the outset fairly submitted that against the impugned notice dated 05.03.2019 he has a remedy of approaching the Debt Recovery Tribunal by filing an application under Section 17(4A) of the Act and he be granted time to approach the Tribunal and till the petitioner file an application before the Tribunal no coercive action shall be taken.
3. In view of the submissions made and in the facts of the case, it is directed that in case the petitioner approaches the Tribunal by filing an application under Section 17(4A) of the Act within a period of three weeks from the date of receipt of certified copy of the order passed today along with an application for stay, the Debt Recovery Tribunal shall consider and decide the application for stay expeditiously in accordance with law. Till the application for stay is decided by the Debt Recovery Tribunal, no coercive action shall be taken for dispossession of the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case. The original documents be returned to the petitioner on substitution thereof.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS