IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.28456/2019 (GM-DRT) BETWEEN:
THE TRUSTEE M/S. VED VENTURES EDUCATIONAL TRUST BLOOM MONTESSORI HOUSE OF CHILDREN SITE NO.969, BILEKAHALLI VILLAGE BEGUR HOBLI, BILEKAHALLI VILLAGE BANGALORE SOUTH TALUK BANGALORE – 560 076 REPRESENTED BY ITS TRUSTEE MS. SNEHAL MUTHANE …PETITIONER (BY SRI HARSHA D.JOSHI, ADVOCATE FOR SRI V. MOHAN, ADVOCATE) AND:
1. THE AUTHORIZED OFFICER HDB FINANCIAL SERVICES LTD.
3RD AND 4TH FLOOR, HEMALATHA MANSION 7-1397/111 & 112, S.R. NAGAR HYDERABAD – 560 003 TELANGANA.
2. SHRI K. PRASAD S/O LATE K. RAMANAJANEYULU AGED ABOUT 55 YEARS RESIDING AT NO.305 (NEW NO.27) 12TH CROSS, 2ND BLOCK JAYANAGAR BANGALORE – 560 011.
3. M/S. SHREYAS HIND CHITS INDIA PVT. LTD. REP. BY ITS MANAGING DIRECTOR NO.56/1, 3RD FLOOR, 9TH MAIN JAYANAGAR 9TH BLOCK BANGALORE – 560 041.
4. SHRI M. SRINIVAS NO.969, 5TH ‘C’ CROSS VIJAYA BANK LAYOUT BANNERGHATTA ROAD BANGALORE – 560 076.
…RESPONDENTS (BY SRI V.B. RAVISHANKAR, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFY THE IMPUGNED ORDER DATED 03.07.2019 PASSED BY THE DRT, BANGALORE (DRT-2) ANNEXURE-A IS S.A.NO.100/2019 AND THEREBY GRANTING ADDITIONAL EIGHT WEEKS TIME FOR THE PETITIONER SCHOOL TO VACATE THE SCHEDULE/LEASE- HOLD PREMISES AND HANDOVER THE SAME TO THE 1ST RESPONDENT BANK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Harsha D. Joshi for Sri V. Mohan, learned counsel for the petitioner.
Sri V.B. Ravishankar, learned counsel for respondent No.1.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks quashment of the order dated 03.07.2019 passed by the Debts Recovery Tribunal, Bengaluru, by which the Debts Recovery Tribunal has granted only one week additional time to the petitioner to vacate the premises.
4. When the matter was taken up today for hearing, learned counsel for the petitioner submitted that the petitioner is running an Educational Institution in the premises and atleast needs six weeks’ time to find out the alternative accommodation as to where the school can be run and to ensure that the studies of the students are not affected in any way.
5. On the other hand, learned counsel for the respondent - Bank submits that in case the petitioner files an undertaking before this Court that he shall handover the possession of the premises in question along with the keys in a peaceful manner to the respondent – Bank, the respondent shall have no objection to the prayer made on behalf of the petitioner.
6. This Court appreciates the stand taken by the respondent - Bank in this regard and places the same on record.
7. In view of the submission made by the learned counsel for the parties, it is directed that the petitioner shall file an undertaking in the form of an affidavit before the Registrar Judicial of this Court that he shall handover possession of the premises in question in a peaceful manner to the respondent - Bank within a period of one week from today. Subject to filing of such an undertaking before this Court, the petitioner shall be allowed to occupy the premises for a period of six weeks from today.
Accordingly, the petition is disposed of.
Sd/- JUDGE ca