IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.3303 OF 2017 (GM-RES) BETWEEN:
SRI. N. SUDHAKARAN S/O LATE R. NANU AGE 52 YEARS R/A NO.2, “BRINDAVANA” CAUVERY LAYOUT 6TH CROSS, SHETTIHALLI BENGALURU – 560 015.
… PETITIONER (BY SRI. N. SURESHA, ADV.) AND:
1. INDIAN BANK UMA COMPLEX 13/530, NEW BEL ROAD NEAR DEVASANDRA CIRCLE RMV II STAGE BENGALURU – 560 094. REPRESENTED BY ITS AUTHORIZED OFFICER.
2. SRI. SURESH NAMIHE GOWDA S/O SRI. NAHIME GOWDA AGED ABOUT 45 YEARS NO.19/1, 14TH B CROSS IST MAIN, MUNESHWARA BLOCK MAHALAKSHMI LAYOUT BENGALURU – 560 086.
3. SMT. MEENAKSHI. K W/O. SURESH NAMIHE GOWDA AGED ABOUT 40 YEARS NO.19/1, 14TH B CROSS IST MAIN, MUNESHWARA BLOCK MAHALAKSHMI LAYOUT BENGALURU – 560 086.
4. SRI. R. VENKATESH S/O RANGADHAMAPPA AGED ABOUT 40 YEARS NO.16/1, D STREET 10TH CROSS, MAGADI ROAD BENGALURU – 560 023.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE W.P SCHEDULE PROPERTIES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. N. Suresha, learned counsel for the petitioner.
In this petition, petitioner inter alia seeks for a direction to respondent No.1 not to take physical possession of the writ petition scheduled properties.
2. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17(4A) of the Act.
3. Accordingly, writ petition is disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of eight weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE Mds/-