IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32081 OF 2019(GM-RES) BETWEEN:
SRI MITTU CHANDILYA @ MRITHYUNJAY CHANDILYA AGED ABOUT 39 YEARS REPT BY POWER OF ATTORNEY HOLDER SRI RAMAMOORTHY CHANDILYA S/O V P SRINIVASAN AGED ABOUT 69 YEARS VILLA NO 176 PRESTIGE OASIS ADDEVISHVNATHAPURA RAJANKUNTE YELAHANKA BENGALURU – 560 064 (By MR.D R RAVISHANKAR, ADV.) AND:
THE HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED HDFC HOUSE NO 51 KASTURBA ROAD BENGALURU – 560 001 REP BY ITS AUTHORISED OFFICER (By MR.FRANCIS XAVIER, ADV.) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DTD: 17.07.2019 VIDE ANNX-D ISSUED BY THE RESPONDENT AS THE POSSESSION NOTICE IS BEING ISSUED WITHOUT JURISDICTION; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.D.R.Ravishankar, learned counsel for the petitioner.
Mr.Francis Xavier, learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of impugned notice dated 17.07.2019 issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4. When the matter was taken up today, learned counsel for the petitioner submitted that as on 31.08.2019, a sum of `21,02,227/- is due and payable by the petitioner. It is further submitted that the aforesaid amount shall be paid by the petitioner to the respondent – Bank on or before 10.09.2019. It is also submitted that the petitioner shall also pay the future EMI. It is further submitted that in the event of any default on the part of the petitioner in making payment of the amount due and payable to the respondent – Bank, the respondent – Bank be granted liberty to take action against the petitioner in accordance with law.
5. In view of the aforesaid submissions and in the facts of the case, it is directed that the petitioner shall pay an amount of `21,02,227/- to the respondent – Bank on or before 10.09.2019 and thereafter, shall pay the monthly EMIs due and payable to the respondent on the due date. In case of any default on the part of the petitioner, the respondent – Bank shall be at liberty to take an action against the petitioner in accordance with law.
With the aforesaid directions, the petition is disposed of.
6. In view of the disposal of the petition, the pending interlocutory application does not survive for consideration and is accordingly disposed of.
Sd/- JUDGE RV