IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38761 OF 2019(GM-RES) Between:
1. Sri.K.Gangaraju, S/o Late Doddaiah, Aged about 57 years, 2. Smt.Sumangala, W/o K.Gangaraju Aged about 47 years, 3. Sri.G.Revanth, S/o K.Gangaraju, Aged about 28 years, 4. Sri.G.Harsha, S/o K.Gangaraju, Aged about 24 years All are R/at No.3622, 3rd Cross, ‘B’ Block, Subramanyanagara, Rajajinagara, 2nd Stage, Bengaluru-560 021.
(By Sri.J.R.Mohan, Advocate) And:
… Petitioners The Manager Hanumanthanagar Co-operative Bank Ltd., No.7/29, 3rd Main Road, 1st Cross, Hanumanthanagar Bengaluru-560 019.
…Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the records pertaining to the loan account of the petitioners and to peruse the same and set aside the order dated 22.07.2019 passed by the learned IX Additional Chief Metropolitan Magistrate, Bengaluru City, In Crl.Misc.No.398/2019, vide Annexure-E and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.J.R.Mohan, learned counsel for the petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. In this petition, the petitioners have assailed the validity of the order dated 22.07.2019 passed by the learned IX Additional Chief Metropolitan Magistrate, Bengaluru City in Crl.Misc.No.398/2019 vide Annexure-E.
3. When the matter was taken up today, learned counsel for the petitioners submitted that the writ petition be disposed of with liberty to the petitioners to approach the Debts Recovery Tribunal by filing an application 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. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioners that in case such an application is filed by the petitioners along with application for stay within a period of four weeks from today, the same shall be dealt with in accordance with law by the Debts Recovery Tribunal by a speaking order.
5. Application for stay shall be decided by the Debts Recovery Tribunal within a period of two weeks from the date of receipt of such application.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-