IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.52819 OF 2016 (GM-RES) BETWEEN:
Sri. Sam Kumar, S/o P. Velu Kutty, Aged about 40 years, Occupied at Ground Floor, #7, 1st Cross, M.E.I. Layout, Bagalagunte, Near BBMP Zonal Office, Hesargatta Main Road, Bengaluru – 560 073.
… Petitioner (By Sri. Abubacker Shafi, Advocate (absent)) AND:
1. The Authorized Officer, Bank of India, Cantonment Branch, Jyothi Mahal, No.49, St. Marks Road, Bengaluru – 560 001.
2. Sri. Raju, Director, M/s Aakruthi Infracon Pvt. Ltd., No.7, 1st Cross, M.E.I Layout, Bagalagunte, Near BBMP Zonal Office, Hesargatta Main Road, Bengaluru – 560 073.
… Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct R1 not to take physical possession of the writ petition scheduled property, and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER None 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 has prayed for the following reliefs:
a) Issue a writ of mandamus or direction or any other appropriate writ, order or direction to respondent No.1 not to take physical possession of the writ petition scheduled property.
b) Grant any other relief as this Hon’ble Court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity.”
3. From perusal of the record, it is evident that writ petition is pending before this Court since 2016, in which no interim order has been passed. Besides that, petitioner has neither produced a copy of the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, nor has challenged the same in this writ petition. Therefore, no relief can be granted to the petitioner in the instant petition.
Accordingly, writ petition is dismissed.
Sd/- JUDGE Mds/-