IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.8546-8551/2018 (GM-RES) BETWEEN:
1. SRI. SHANKAR RAO, S/O SHRI L. MUNI DEV RAO, AGED ABOUT 44 YEARS, OCC: DRIVER, R/O NO:1838, GM 3RD CROSS, 18TH MAIN, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE SOUTH , KARNATAKA - 560 041.
2. MR. NAVEEN KUMAR, S/O RAMESH RAO, AGED ABOUT 27 YEARS, R/O NO:1838, GM 3RD CROSS, 18TH MAIN, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE SOUTH , KARNATAKA - 560 041.
3. SMT S. ROOPA, W/O SRI B. J. SRINATH @ SHRINIVAS RAO, AGED ABOUT 34 YEARS, OCC: HOUSEHOLD, R/O NO:1838, GM 3RD CROSS, 18TH MAIN, GRAPE GARDEN, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE SOUTH , KARNATAKA – 560 041.
4. SMT H. RUKMINI BAI, W/O D.SURESH RAO, AGED ABOUT 42 YEARS, R/O NO:1838, GM 3RD CROSS, 18TH MAIN, GRAPE GARDEN, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE SOUTH , KARNATAKA – 560 041.
5. SRI NARAYANA SWAMY, S/O SRI RAMAIAH, AGED ABOUT 48 YEARS, OCC: PETTY BUSINESS, R/O NO:1838, GM 3RD CROSS, 18TH MAIN, GRAPE GARDEN, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE SOUTH , KARNATAKA – 560 041.
6. MR NOORULLA @ ALI BABU, S/O MOULA ALI, AGED ABOUT 27 YEARS, OCC: BUSINESS, R/O NO:1838, GM 3RD CROSS, 18TH MAIN, GRAPE GARDEN, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE SOUTH , KARNATAKA – 560 041.
... PETITIONERS (BY SMT. ANUPAMA HEGDE, ADV.) AND:
1. THE CENTRAL BANK OF INDIA REPRESENTED BY ITS AUTHORIZED OFFICER/CHIEF MANAGER, REGIONAL OFFICE, SANTOSH CINEMA COMPLEX, KEMPEGOWDA ROAD, BANGALORE - 560 009.
2. SRI CHINNARAJU, S/O NANJEGOWDA, AGED ABOUT 63 YEARS, R/O 511, 11TH MAIN, BHCS LAYOUT, SUBRAMANYAPURA POST , UTTARAHALLI HOBLI, BANGALORE – 560 061.
3. SRI N. GANAPATHI SINGH, S/O MOHAN SINGH, AGED ABOUT 64 YEARS, R/O NO.1837, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BANGALORE – 560 041.
4. SRI HARIKIRAN SINGH BHATI, S/O SRI N.GANAPATHI SINGH, AGED ABOUT 24 YEARS, R/O NO.1837, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BANGALORE – 560 041.
5. MR. AMARESH E. B., AGE MAJOR, R/O NO.21/A, 3RD MAIN, 2ND CROSS, SUMUKHA LAYOUT, CHIKKALASANDRA, BANGALORE - 560 061.
6. MRS LAKSHMI E. A., W/O. SRI AMARESH E. B.
AGE MAJOR, R/O NO.21/A, 3RD MAIN, 2ND CROSS, SUMUKHA LAYOUT, CHIKKALASANDRA, BANGALORE – 560 061.
... RESPONDENTS (BY SRI P. UDAYSHANKAR RAI, ADV. FOR R1, R3 & R5 R6 IS SERVED NOTICE TO R2 AND R4 IS DISPENSED WITH)) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE OFFICE OF THE R-1 PERTAINING TO THE MORTGAGE EXECUTED BY THE R-5 & 6 AND QUASH THE POSSESSION NOTICE DTD:6.1.2017 ISSUED BY THE R-1 U/S 13[4] OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 [VIDE ANENXURE-G]; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Anupama Hegde, learned counsel for the petitioners.
Sri.P.Udayashankar, learned counsel for respondent Nos.1, 3 and 5.
2. Petitions are admitted for hearing. With the consent of the parties, same are heard finally.
3. In these petitions under Articles 226 & 227 of the Constitution of India, the petitioners have questioned the validity of the notice dated 06.01.2017 issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’).
4. When the matter was taken up today, learned counsel for the petitioners submitted that petitioners be granted liberty to approach the Debts Recovery Tribunal by filing a petition under Section 17 of the Act.
5. In view of the aforesaid submission and in the facts of the case, writ petitions are disposed of with liberty to the petitioners that in case they file a petition under Section 17 of the Act before the Debts Recovery Tribunal along with an application for stay, within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be dealt with in accordance with law as expeditiously as possible by the Debts Recovery Tribunal. Needless to state that in case petitioners file application within a period of two weeks, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
5. Ad-interim order dated 22.02.2018 granted by this Court shall continue till the prayer for interim relief is considered by the Debts Recovery Tribunal.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, writ petitions are disposed of.
Sd/- JUDGE PKS