IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.41534 OF 2015(GM-RES) BETWEEN:
Sri Hanif Pasha S/o Alla Bakash Age 45 years Residing at No.7, Ground floor Ramaiah Compound 5th A Cross, Nagappa Street Palace Guttahalli, Bangalore-560 003. … Petitioner (By Sri R Channakeshava, Advocate) AND:
1. Vijaya Bank Mysore Road Branch No.152, 2nd Main, 7th Cross Chamarajpet, Bengaluru-560018 Represented by its Authorised Officer.
2. K.Ramesh Kannappa S/o Late Kannappa Age 46 years 3. Chandra Manikkam W/o K Ramesh Kannappa Age 40 years Respondent Nos.2 & 3 are Residing at No.7, Ramaiah Compound 5th A Cross, Nagappa Street Palace Guttahalli Bengaluru-560 003. ... Respondents (By Sri N Aswin Kumar Bafna for Sri K V Lokesh, Advocate for R1, R2 and R3 are served but unrepresented) This writ petition is filed under Article 226 of the Constitution of India praying to direct the R1 not to take physical possession of the writ petition schedule properties.
This writ petition, coming on for orders, this day, the Court, made the following:
ORDER The petitioner is before this Court seeking to protect his possession in respect of the petition schedule property. Petitioner No.1 Bank has initiated action under Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to take possession of the property. Since the petitioner claims to be a lessee in respect of the property, this Court by an interim order dated 28.09.2015 had stayed the dispossession of the petitioner.
2. The respondents have filed their objection statement and an application for vacating stay and disputed the claim of the petitioner.
3. The learned counsel for the respondent No.1 has filed a memo stating that since the petitioner is a tenant and the issue is related to the tenancy and leasehold rights, it has to be decided in an appeal filed under Section 17(4)(a) of SARFAESI Act. The petitioner is required to be relegated to the remedy of appeal.
4. 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 Debt Recovery Tribunal. This is however, subject to the condition that the petitioner files the application before the Debt Recovery Tribunal within a period of three weeks from this day.
5. Accordingly, this writ petition stands disposed of.
Registry to return the papers, if any, sought for by the petitioner.
Sd/- JUDGE Cm/-