IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.52963 OF 2018 (GM-RES) BETWEEN:
SRI.SHANKAR SAHU, S/O.BILTHU SAHU, AGED 29 YEARS, NO.55/2, 2ND CROSS, LAKSHMI ROAD, SHANTHINAGAR, WILSON GARDEN, BENGALURU SOUTH, BENGALULRU 560027. ... PETITIONER (BY SRI.N SURESHA, ADVOCATE) AND:
1. BHARATH CO-OPERATIVE BANK (MUMBAI) LTD, NO.100, MONEY TERRACE, K .H.ROAD, BENGALURU-560 027, REPRESENTED BY ITS AUTHORIZED OFFICER.
2. PRAKASH CHAND CHOPRA, S/O.LATE. TEKCHAND, AGED 63 YEARS, PROP OF M/S VEEPEE ELECTRONICS, NO.55/2, RAJASHREE, 2ND CROSS, LAKSHMI ROAD, SHANTHINAGAR, BENGALURU-27.
3. MRS. JAYA CHOPRA, W/O. PRAKASH CHAND CHOPRA, AGE 56 YEARS, PROPRIETRIX M/S POPULAR TRADING COMPANY, NO. 55/2, RAJASHREE, 2ND CROSS, LAKSHMI ROAD, SHANTHINAGAR, BENGALURU-27. ... 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. SCHEDULED PROPERTIES.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri N.Suresha, learned counsel for the petitioner.
2. Petition is admitted for hearing. The same is heard finally.
3. In this petition under Article 226 of the Constitution of India, petitioner inter alia seeks a writ in the nature of mandamus to respondent No.1 not to take physical possession of the property which is in occupation of the petitioner as tenant.
4. From perusal of the writ petition, it is evident that action against the petitioner has been taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’). Hence, no writ can be issued to restrain the parties from taking recourse to a remedy which is provided to them under the statute. This writ petition is pending before this Court since 2018, in which no interim order is passed. It is needless to state that the petitioner is at liberty to take recourse to remedy under the provisions of Section 17(4A) of the Act.
With the aforesaid liberty, petition is disposed of.
PKS Sd/- JUDGE