IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27374 OF 2019(GM-RES) Between:
Sri.Ramesh, S/o Krishna, Aged about 58 years, No.7, 1st “B” main, Ground Floor, Gangagar, Bengaluru – 560032.
(By Sri.Madhukar Nadig, Advocate) And:
… Petitioner 1. Edelweiss Retail Finance Limited, Having its Branch Office at No.746, 1st Floor, 80 Feet Road, 4th Block, Koramangala, Bengaluru – 560095.
Rep. by its Assistant Collection Manager Mr.Shambulinga.H.
2. Annapoorneshwari Silks, No.79, MYJ Tower, Infantry Road, Bengaluru – 560001.
Represented by it’s Partners Mahalinge Nanjundappa Gowda and Saravana Kumar.P 3. Sri.Mahalinge Nanjundappa Gowda S/o Mr.Nanjundappa, Aged 44 years, No.39, CPV Block, 5th main Road, 2nd Cross, Hebbala, Bengaluru North, Bengaluru – 560032.
4. Sri.Saravanakumar.P S/o Palaniandi, Aged 46 years, No.18, Saidhyam, 1st “G” Street, 6th Cross, Jogpalaya, Ulsoor, Bengaluru – 560008.
…Respondents This Writ Petition is filed under Articles 226 of the Constitution of India, praying to quash the impugned order dated 14.03.2019 passed in Crl.Misc.No.1031/2019 by the Hon’ble LVI Additional Chief Metropolitan Magistrate on the petition filed by the R-1 under Section 14 of the Securitisation and Re-construction of Financial Assets And Enforcement Of Security Interest Act 2002 as per Annexure-D and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Madhukar Nadig, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. In this petition, petitioner inter alia seeks for a writ of certiorari for quashing the impugned order dated 14.03.2019 passed in Crl.Misc.No.1031/2019 by the Hon’ble LVI Additional Chief Metropolitan Magistrate, Bengaluru on the petition filed by the first respondent under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) as per Annexure-D.
3. 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.
4. Accordingly, petition is disposed of with liberty to the petitioner that in case he files an application under Section 17(4A) of the Act before the Debts Recovery Tribunal along with an application for stay, the same shall be decide by the Debts Recovery Tribunal after affording an opportunity of hearing to all necessary parties.
5. Needless to state that for a period of two weeks, status quo as it exists today with regard to the possession of the property in question shall be maintained by the parties.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE dn/-