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.22757 OF 2018 AND W.P. NOs.22833-834 OF 2018 (GM-RES) BETWEEN:
M/S UNITED TRADING COMPANY REPRESENTED BY ITS MANAGER MR. DIVAKARAN P.K.
S/O KRISHNAN AGED 44 YEARS, NO.81, BLOCK, NO.6 MALABARA ROAD, VIRAJPETE KODAGU - 571 218.
(BY MR. N SURESHA, ADV.) AND:
1. M/S JAMMU & KASHMIR BANK SARFAESI SECTION, I.A.P.M.DEPARTMENT, ZONAL OFFICE - SOUTH 4TH FLOOR, PRESTIGE TERRACES 5/1, UNION STREET, INFANTRY ROAD, BENGALURU - 560 001, REP. BY ITS MANAGER.
2. M/S S A RAWTHER SPICES PRIVATE LIMITED NO.17, 2ND FLOOR, 4TH MAIN, 4TH BLOCK, GORAGUNTEPALYA TUMKUR ROAD, BENGALURU - 560 022, REP. BY ITS DIRECTOR.
… PETITIONER 3. M/S RAWTHER PLANTATIONS MERCHANTS PRIVATE LIMITED REGISTERED AT NO.17, 2ND FLOOR, 4TH MAIN, 4TH BLOCK, G.G.PALYA TUMKUR ROAD, BENGALURU - 560 022, REP. BY ITS DIRECTOR.
4. MRS. T.S.HASEENA W/O LATE SYED MOHAMMED RAWTHER AGED 58 YEARS, AT NO. 193, 3RD MAIN, 3RD CROSS, RMV 2ND STAGE, DOLLAR’S COLONY, BENGALURU - 560 094.
5. MR. ANISH MOHAMMED RAWTHER S/O LATE SYED MOHAMMED RAWTHER AGED 36 YEARS, AT NO.193, 3RD MAIN, 3RD CROSS, RMV 2ND STAGE, DOLLAR’S COLONY, BENGALURU - 560 094.
(BY MR. M MOHAMED IBRAHIM, ADV. FOR R-1 SMT. VEENA BHAT, ADV. FOR R-2, 3 & 5, R-4 SEVED & UNREPRESENTED) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO RESPONDENT NO.1 NOT TO TAKE PHYSICAL POSSESION OF THE WRIT PETITION SCHEDULED PROPERTY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.N.Suresha, learned counsel for the petitioner.
Mr.M.Mohamed Ibrahim, learned counsel for respondent No.1.
Smt.Veena Bhat, learned counsel for respondent Nos.2, 3 & 5.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. When the matters were 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.
4. 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 petitions are disposed of.
Sd/- JUDGE SS