IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8160 OF 2018(GM-RES) BETWEEN:
M/S UNITED PAINTS PROPRIETOR SRI DIVAKARAN P K S/O KRISHNAN AGED ABOUT 44 YEARS NO.70/2 MADANAYAKANAHALLI DASANAPURA DASANAPURA HOBLI BANGALORE NORTH TALUK – 562123. (BY MR. R CHANNAKESHAVA, ADV.) AND:
1. J & K BANK LTD SARFEAESI SECTION ZONAL OFFICE, SOUTH BANGALORE 4TH FLOOR, PRESTIGE TERRACES 5/1, UNION STREET OFF INFANTRY ROAD BANGALORE-560001 REPRESENTED BY ITS AUTHORISED OFFICER.
2. MR ANISH MOHAMMED RAWTHER S/O LATE SYED M RAWTHER NO.167, DOLLER’S COLONY RMV 2ND STAGE BANGALORE-560 094.
3. M/S S A RAWTHER SPICES PRIVATE LIMTIED NO.17, 2ND FLOOR, 4TH MAIN, … PETITIONER 4TH BLOCK GORAGUNTEPALYA, TUMKUR ROAD, BANGALORE-560 022 REPRESENTED BY ITS MANAGING DIRECTOR.
(BY MR. GANAPATHY HEGDE, ADV. FOR R-1 SMT. VEENA BHAT, ADV. FOR R-2 & 3) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.R.Channakeshava, learned counsel for the petitioner.
Mr.Ganapath Hegde, learned counsel for respondent No.1.
Smt.V.Veena Bhat, learned counsel for respondent Nos.2 and 3.
2. The writ petition is admitted for hearing.
With consent of the learned counsel or the parties, the same is heard finally.
2. 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.
3. 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 three 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