IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.52389 OF 2019 (GM RES) BETWEEN:
1. Sri. Manjunath, S/o. Sri. Subbaramaiah, Aged about 43 years, R/at First Floor, No.34, 2nd Cross, Near Eshwari School, Hosakerehalli, Banashankari-III Stage, Bengaluru-560085.
2. Sri. Vishwanath C., S/o. Chandrashekar, Aged about 31 years, R/at First Floor, No.34, 2nd Cross, Near Eshwari School, Hosakerehalli, Banashankari-III Stage, Bengaluru-560085.
... Petitioners (By Sri. V.Raviprakash, Advocate) AND:
1. The Authorised Officer, UCO Bank, Jayanagar Branch No.238/5, 9th Main, 3rd Block, Jayanagar, Bengaluru-560011.
2. Mr. Jagadeesha C., S/o. Late Chikkaiah, Aged about 60 years, No.34, 2nd Cross, Near Eshwari School, Hosakerehalli, Banashankari-III Stage, Bengaluru-560085.
... Respondents (By Sri. M.R.Dilip, Advocate for C/R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R1 bank to consider the representation dated 12.12.2019 vide annexure-F & G, quash the impugned notice dated 10.12.2019 issued by the R1 vide Annexure-D & etc.
This Writ Petition coming on for Preliminary Hearing this day, the court made the following:
ORDER The petitioners in the above writ petition have sought for a writ in the nature of mandamus or order or direction directing the 1st respondent – bank to consider the representation dated 12.12.2019 vide Annexure –F and G and to issue a writ in the nature of certiorari or order or direction quashing the impugned notice dated 10.12.2019, issued by the 1st respondent, vide Annexure D.
2. It is the case of the petitioners that they are the tenants under respondent no.2, who obtained loan from the bank and as on today, a sum of Rs.2,80,00,000/- is due. The bank initiated proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“Act” for short) in Crl.Misc.No.3504/2019 against the owner. The said application came to be allowed on 16.08.2019. The order passed by the learned LVI Addl.
C.M.M., Bengaluru reached finality. As per the learned counsel for the petitioners, the owner has not challenged the said order. Therefore the bank issued notice as per Annexure ‘D’ on 10.12.2019 to implement the said order passed by the Bank. The petitioners are before this court mainly on the ground that only seven days time is granted and they are not aware of any transaction between the owner and the bank. Accordingly both the petitioners have paid a total sum of Rs.13,50,000/-. Aggrieved by the order passed by the Learned LVI Addl. C.M.M., Bengaluru, the petitioners are before this court for the relief sought for.
3. Sri. Ramesh, learned counsel for the petitioners on instructions from the petitioners submits that if two months time is granted, the petitioners will vacate the premises voluntarily and will file an undertaking affidavit in this regard and hand over the vacant premises to the bank. The submission is placed on record.
4. Sri. M.R.Dilip, learned counsel for the bank opposes for grant of any time on the ground that as on today an amount of Rs.2,80,00,000/- is due from the owner of the property in question and admittedly the order passed by the court in Crl.Misc.No.3504/2019 is not challenged by the owner and the same has reached finality. Therefore he sought to dismiss the writ petition.
5. Taking into consideration the entire material on record, this court is of the considered opinion that in the interest of justice, one month time is granted to the tenants to vacate and hand over the vacant possession to the respondent no.2, reserving liberty to the petitioners to take appropriate action against the owner to recover the advance amount without any interest in accordance with law.
6. For the reasons stated above, writ petition is disposed off. The petitioners are given one month time to vacate the schedule premises, i.e., on or before 16.01.2020 and hand over the vacant possession to the bank in terms of the notice issued, in pursuance of the order passed by the learned Magistrate on 16.08.2019 in Crl.Misc.No.3504/2019. The learned counsel for the petitioners also undertakes to file affidavit during the course of the day. The bank is directed not to initiate any proceedings to disposes the petitioners from the property in question till 16.01.2020. Accordingly writ petition is disposed off.
The undertaking affidavit filed by the petitioners separately, is placed on record.
SD/- JUDGE sd