IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE A.S.BOPANNA WRIT PETITION No.20883/2017 (GM – RES) BETWEEN:
Sri. Suresh K., S/o. Sri. Kallappa, Age 43 years R/at H.No.222, 3rd Cross, BDA II Block, J.P.Nagar, 8th Stage, EWS Sector, Bengaluru – 560 078. …Petitioner (By Sri. R.Channakeshava, Advocate) AND:
1. United Bank of India, Cantonment Branch, No.40/2, Brigade Road, Bengaluru – 560 001. Represented by its Authorized Officer.
2. Umesh Gurjar, S/o. S.P. Gurjar, Age 44 years, H.No.779, Ground Floor, Sri Balaji Nivas, 16th Main, Banashankari 2nd Stage, Bengaluru – 560 070.
3. Mr. Srinivas S., S/o. Sri Shivaram, Age 40 years, H.No.93/1–1, 6th Main, Kasturba Nagar, Mysuru Road, Bengaluru – 560 018. …Respondents (By Sri.Vignesh Shetty, Advocate for R1; Notice to R2 and R3 dispensed with vide order dated 14.12.2017) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent No.1 not to take physical possession of the writ petition scheduled properties and etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
O R D E R Notice to respondents No.2 and 3 is dispensed with since their presence is not required for consideration in the instant petition.
2. The respondent No.1 has initiated action to secure possession of the secured asset in terms of Section 14 of the SARFAESI Act. The petitioner claims to be a tenant in the said premises. The respondent No.1 to the objection statement have disputed the claim. Be that it may, when issue relating to tenancy and lease hold rights arise, the same is to be decided in an appeal as provided under Section 17 (4A) of the SARFAESI Act. In that view, the petitioner is required to avail the remedy of appeal. Further, this Court by the order dated 09.05.2017 has directed not to dispossesses the petitioner, the benefit of the same is to be extended till the appeal is taken up for consideration.
3. Accordingly, the petition is disposed of, with liberty to the petitioner to avail the remedy of appeal if the petitioner chooses to do so. The benefit of interim order shall enure to the petitioner till the appeal is taken up for consideration by the Debts Recovery Tribunal, subject to the petitioner filing such appeal within four weeks.
Registry to return the papers if any, as sought by the petitioner.
Sd/- JUDGE UN