IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 27939/2015 (GM-RES) BETWEEN:
Sri. T. Vijayan S/o Thirthagir Aged about 31 years R/at No.45, Noah Street Shivajinagar Bengaluru – 560 051 …Petitioner (By Sri. George Anthony Cruze, Advocate.) AND:
1. The General Manager Federal Bank Limited (Regd. Office at Aluva-Kerrala Zonal Office at No.9 Halcyon Comples St.Mar’s Road Bengaluru – 560 001 2. The Chief Manager & Authorized Officer Federal Bank Limited (Regd. Office at Aluva-Kerrala Zonal Office at No.9 Halcyon Comples St.Mar’s Road Bengaluru – 560 001 3. Mrs. Afifa Mujeeba D/o Ahmed Khan Aged about 55 years Plot No.31, Doddanakundi Industrial Estate Mahadevapura Post Whitefield Road Bengaluru – 560 048 … Respondents (By Sri. Vijayakumar, Advocate for R2 R1 and R3 are served but unrepresented) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for relevant records pending on the file of the R-2 Bank in respect of the possession notice issued to the schedule of the premises of the petitioner.
This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner is before this Court seeking to protect his possession in respect of the petition schedule property.
2. The respondent Nos.1 and 2 - 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 09.07.2015 had stayed the dispossession of the petitioner.
3. Though the respondents have filed their objections statement, 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.
5. Petition is accordingly disposed of.
6. Registry, to return the papers if any, sought for by the petitioner.
Sd/- JUDGE LRS/NR