IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.27444/2017 (GM-RES) BETWEEN:
SRI. MIRZA ZAKIR BAIG S/O MIRZA SALEEM BAIG AGED ABOUT 38 YEARS RESIDING AT NO.14 1ST FLOOR, S.NO.1ST STREET SEPPINGS ROAD CROSS SHIVAJINAGAR BENGALURU-560 001 (BY SRI. MARKANDA SETTY, ADV. FOR SRI. N.SURESHA, ADV.) AND:
1. M/S RBL BANK PRESTIGE TOWER GROUND FLOOR NO.99 AND 100 RESIDENCY ROAD BENGALURU -560 025 REPRESENTED BY HIS AUTHORIZED OFFICER 2. M/S HIGHWAY PLYWOOD NO.25-28, 2118/5 …PETITIONER GARAGE OWNER ASSOCIATION BUILDING JAPPINMOGURU MANGALORE-575 002 REPRESENTED BY ITS PROPRIETOR MR. MOHAMMED YASIR ARAFAT ALSO AT NO.40/1 SONNAPPA COMPLEX OPP:FREEDOM FOUNDATION HENNUR VILLAGE MAIN ROAD BENGALURU-560 043 3. SRI SURESH KUMAR SHENDGE S/O LATE C B CHANDER RAO AGED ABOUT 55 YEARS NO.9, NANDARAM SINGH LANE LAKSHMANA MUDALIAR STREET CROSS SHIVAJI NAGAR BENGALURU-560 001 4. MR. ABDUL KHADER S/O LATE ABDUL RAHIM AGED ABOUT 56 YEARS #14, S N 1ST STREET SEPPINGS ROAD CROSS SHIVAJI NAGAR BENGALURU-560 001 …RESPONDENTS (BY SRI FRANCIS XAVIER, ADV., FOR R1;
SRI G.V.KODANDARAM, ADV., FOR R3 (ABSENT); SRI VEENA BHAT, ADV., FOR R4 (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE W.P. SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Markanda Setty, learned counsel for Mr.
N.Suresha, for the petitioner.
Mr.Francis Xavier, learned counsel for respondent No.1.
2. In this petition, petitioner who is a tenant has assailed the validity of the action taken by respondent-Bank under Section 13(12) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. When the matter was taken up today, learned counsel for the petitioner submitted that he may be granted liberty to file an application against the possession notice order under Section 17(4)(a) of the Act, within a period of six weeks.
4. The aforesaid submission is not opposed by learned counsel for respondents.
5. Accordingly, petition is disposed of with a liberty to the petitioner that in case he files an application under Section 17 (4-A) before the Debts Recovery Tribunal within a period of six weeks from the date of receipt of certified copy of the order passed today, the Tribunal shall consider and decide the appeal preferred by the petitioner on merits in accordance with law.
SD/- JUDGE HJ