IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.29743 - 29745 OF 2019 AND WRIT PETITION No.30999 OF 2019 (GM-RES) BETWEEN:
1. SRI. K S PADMANABHAN AGED ABOUT 82 YEARS RESIDING AT NO.55, 3RD CROSS, BANGIAPPA GARDEN, SHANTI NAGAR, BENGALURU - 560 027.
2. SMT. KALPANA K WIFE OF SRI P KANNAN AGED ABOUT 50 YEARS RESIDING AT NO.55, 3RD CROSS, BANGIAPPA GARDEN, SHANTI NAGAR, BENGALURU - 560 027.
3. SMT. VASANTHA W/O SRI K.S.PADMANABHAN, AGED ABOUT 68 YEARS RESIDING AT NO.55, (OLD NOS.29 & 30), 3RD CROSS, BANGIAPPA GARDEN, SHANTI NAGAR, BENGALURU - 560 027.
4. SMT. AMBICA S W/O SRI JAISHANKAR AGED ABOUT 65 YEARS RESIDING AT NO.55, (OLD NOS.29 & 30), 3RD CROSS, BANGIAPPA GARDEN, SHANTI NAGAR, BENGALURU - 560027.
... PETITIONERS (BY SRI VASANTH ADITHYA J, ADVOCATE) AND:
1. THE AUTHORIZED OFFICER SRI LAKSHMI MAHILA SAHAKARA BANK NIYAMITHA, NO.3 & 4, EAST ANJANEYA TEMPLE STREET, BASAVANAGUDI, BENGALURU – 560 004 2. SRI LAKSHMI MAHILA SAHAKARA BANK NIYAMITHA NO.3 & 4, EAST ANJANEYA TEMPLE STREET, BASAVANAGUDI, BENGALURU – 560 004 3. M/S. ABHIJEET POLYMERS (ONE OF THE BIDDERS) NO.37/12-1, ARCHANA COMPLEX, 4TH CROSS, LALBAGH ROAD, BENGALURU – 560 027.
... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO SET ASIDE THE IMPUGNED POSSESSION NOTICE DATED 12.10.2011 ANNEXURE-L FOR WANT OF JURISDICTION AS THE R-1 AND 2 ARE NOT A MULTI- STATE CREDIT CO-OPERATIVE SOCIETY AND HENCE CANNOT INVOKE PROVISIONS OF SARFAESI ACT 2002.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Vasanth Adithya J., 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 respondents.
Heard learned counsel for the petitioners on the question of admission.
2. In these petitions, the petitioners inter alia seek for a writ of certiorari for quashment of the possession notice dated 12.10.2011 contained in Annexure-L for want of jurisdiction.
3. When these matters were taken up today, learned counsel for the petitioners submitted that the respondent-Bank is not a Multi-State Credit Co-operative Society to invoke the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
4. It is further submitted that the petitioners be granted liberty to challenge the validity of the notice dated 12.10.2011 issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as ‘the Rules’ for short) before the Debts Recovery Tribunal.
5. In view of the aforesaid submission and in the facts of the case, these petitions are disposed of with a liberty to the petitioners to assail the validity of the notice dated 12.10.2011 by way of an application under Section 17 of the Act before the Debts Recovery Tribunal.
Mds/-
Sd/- JUDGE