IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.41532 OF 2015 (GM-RES) BETWEEN:
Sri T.V. Venkatesh S/o Late Venkataramaiah Age 51 years Residing at No.7, Ground Floor Ramaiah Compound 5th A Cross Nagappa Street Palace Guttahalli Bangalore-560 003. …Petitioner (By Smt. Vanita K.R., Advocate) AND:
1. Vijaya Bank Mysore Road Branch No.152, 2nd Main, 7th Cross Chamarajpet Bengaluru-560018 Represented by its Authorised Officer 2. Ramesh K S/o Late Kannappa Aged 46 years 3. Chandra Manikkam W/o K. Ramesh Aged 44 years Respondents No.2 & 3 Residing at No.7, Ramaiah Compound 5th A Cross, Nagappa Street Palace Guttahalli Bengaluru- 560 003. … Respondents (By Sri K.V. Lokesh, Advocate for R1 R2 and R3 are served but unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the R-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 Heard learned counsel for the parties.
The petitioner is before this Court seeking protection and possession of schedule property.
2. The respondent No. 1 – Bank had initiated action under the provisions of the SARFAESI Act to take possession of the property. Since the petitioner claims to be a lessee in respect of the property, this Court through the interim order dated 28.09.2015 had stayed the dispossession of the petitioner.
3. Though the respondents have filed their objection statement and application for vacating stay and disputed the claim of the petitioner, the issues relating to tenancy and lease-hold rights are also to be decided in an appeal filed under Section 17(4A) of the SARFAESI Act before the Debt Recovery Tribunal (for short ‘the DRT’), the petitioner is required to be relegated to the remedy of appeal. However, since this Court had granted the interim order, such protection is required to be granted to the petitioner till the appeal is taken up for consideration by the DRT.
4. This is however subject to the condition that the petitioner shall file such appeal before the DRT within three weeks from this date.
Accordingly, writ petition is disposed of.
Sd/- JUDGE rv/ssd