IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.29297-299 OF 2019 (GM-RES) BETWEEN:
1. SRI S MANJAPPA AGED 48 YEARS S/O SESHAGIRIAPPA, R/AT NO.216, GROUND FLOOR, 2ND CROSS, GANESHA BLOCK, TENT ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560086 2. SRI LOKESH RAO AGED 42 YEARS, S/O SIDDOJI RAO, R/AT NO.216, GROUND FLOOR, 2ND CROSS, GANESHA BLOCK, TENT ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560086 3. SRI K LATESH AGED 52 YEARS, S/O LATE K R KRISHNA MURTHY, R/AT NO.216, GROUND FLOOR, 2ND CROSS, GANESHA BLOCK, TENT ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560086 (By MR.G R MOHAN, ADV.) AND:
1. THE MYSORE SILK CLOTH MERCHANTS CO-OPERATIVE BANK LIMITED NO.6, HOSPITAL ROAD, BENGALURU-560053 REPRESENTED BY ITS MANAGER … PETITIONERS 2. SMT SWAPNA SOMASHEKHAR AGED ABOUT 40 YEARS, W/O SRI C SOMASHEKHAR, R/AT NO.216, FIRST FLOOR, 2ND CROSS, GANESHA BLOCK, TENT ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560086 (By MR.H V SHIVAKUMAR, ADV. FOR R1, MR.L MALLESH, ADV. FOR R2 ) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 06.06.2019 ON THE FILE OF THE VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.MISC 246 OF 2019 AS PER ANNEXURE-D AND DIRECT THE R-1 TO PAY COMPENSATION AMOUNT OF RS.5,00,000/- EACH TO THE PETITIONERS FOR WRONGFUL DISPOSSESSION; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.G.R.Mohan, learned counsel for the petitioners.
Mr.H.V.Shivakumar, learned counsel for the respondent No.1.
Mr.L.Mallesh, learned counsel for the respondent No.2.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In these petitions under Article 226 of the Constitution of India, the petitioners inter alia seek a writ of certiorari for quashment of order dated 06.06.2019 passed by the 7th Additional Chief Metropolitan Magistrate, Bengaluru in Civil Miscellaneous petition No.246/2019 and to direct the respondent No.1 to pay compensation of `5,00,000/- each for wrongful dispossession.
4. Admittedly, an order has been passed against the respondent No.2 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The premises in question, according to the petitioners, were let out to them in the year 2016 i.e. prior to taking of the loan. Learned counsel for the petitioners submitted that the Magistrate has permitted the Bank to take possession of the premises in question with due process of law. In support of the aforesaid submission, reference has been made to the decision of the Supreme Court in the case of ‘VISHAL N.KALSARIA Vs. BANK OF INDIA AND OTHERS’ (2016) 3 SCC 762.
5. On the other hand, learned counsel for the respondents submits that the action, if any, shall be taken in accordance with the directions contained in the aforesaid decision of the Supreme Court.
6. In view of the aforesaid submissions, the petitions are disposed of with a direction that the action with regard to the eviction of the petitioners shall be taken in the light of the directions contained in the decision of the Supreme Court in the case of VISHAL N.KALSARIA, supra.
Sd/- JUDGE RV