IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.16763-16768 OF 2017 (GM-RES) BETWEEN:
1. SRI. SUNIL KUMAR B.H, S/O LATE HANUMANAIK, AGED ABOUT 32 YEARS, 2. SRI PRABHAKAR M.N, S/O NARAYANAPPA, AGED ABOUT 38 YEARS, 3. SRI BHASKAR S, S/O SHESHU, AGED ABOUT 28 YEARS, 4. SMT. KALAVATHI, W/O LATE RANGASWAMY, AGED ABOUT 48 YEARS, 5. SMT NAGARTHNA, S/O LATE SIDDAIAH, AGED ABOUT 26 YEARS, 6. SRI H.S. LOKESH, S/O LATE SIDDAIAH AGED ABOUT 26 YEARS, ALL ARE RESIDING AT NO.31/22, 8TH CROSS, 2ND MAIN, 2ND STAGE, 2ND BLOCK, PAPAIAH GARDEN, BASAVESHWRANAGAR, BENGALURU-560 079.
(BY MR.PRAKASHA.M, ADV.) … PETITIONERS AND:
1. THE RECOVERY OFFICER, THE BENGALURU CITY CO-OPERATIVE BANK LIMITED NO.3, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560018.
2. THE BRANCH MANAGER, THE BENGALURU CITY CO-OPERATIVE BANK LIMITED, MAHALAKSHMIPUR BRANCH, NO.429, 12TH CROSS, WEST OF COURD ROAD, MAHALAKSHMIPUR, BENGALURU-560086.
3. SMT. SOWBHGYA, W/O LATE SHANKAR, AGED ABOUT 53 YEARS, RESIDING AT NO.31/22, 8TH CROSS, 2ND MAIN, 2ND STAGE, 2ND BLOCK, PAPAIAH GARDEN, BASAVESHWRANAGAR, BENGALURU-560 079.
(BY SMT. H.R.UMADEVI, ADV FOR R-1 … RESPONDENTS R-2 AND 3 SERVED AND UNREPRESENTED) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 AUTHORITIES NOT TO DISPOSES THE PETITIONERS RESIDENCE HOUSES FROM THE HOUSE SHOWN IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW. CALL FOR RECORDS. GRANT AN INTERIM ORDER TO DIRECT THE R-1 & 2 NOT TO DISPOSES THE PETITIONERS FROM THE RESIDENCE HOUSES IN THE SCHEDULE PREMISES AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Prakasha M., learned counsel for the petitioner.
Mr.H.R.Umadevi, learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. When the matter was taken up today, learned counsel for the petitioner submitted that he has a remedy of approaching the Debt Recovery Tribunal by filing an application under Section 17(4A) of the Act and he be granted time to approach the Tribunal and till the petitioner file an application before the Tribunal no coercive action shall be taken.
4. In view of the submissions made and in the facts of the case, it is directed that in case the petitioner approaches the Tribunal by filing an application under Section 17(4A) of the Act within a period of eight weeks from the date of receipt of certified copy of the order passed today along with an application for stay, the Debt Recovery Tribunal shall consider and decide the application for stay expeditiously in accordance with law. Till the application for stay is decided by the Debt Recovery Tribunal, no coercive action shall be taken for dispossession of the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS