Karnataka High Court
Smt. Srimathi vs M/S. Punjab National Bank on 11 September, 2017
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION Nos.21499-21500/2016
C/w.
WRIT PETITION Nos.58496-58498/2015 (GM-RES)
IN W.P. Nos.21499-21500/2016
BETWEEN:
1. SMT. SRIMATHI
W/O LATE GOPAL ACHARYA
AGED 47 YEARS
R/AT NO.44/2, 119
(OLD NO.3)(1ST FLOOR)
3RD CROSS, 3RD MAIN SARAKKI
BANGALORE (LINGAM LANE SARAKKI)
J.P.NAGAR 1ST PHASE
BANGALORE - 560 078
2. SRI. KALE GOWDA
S/O VENKATAIH
AGED 46 YEARS
R/AT 44/2, 119, TERRACE (OLD NO.3)
FLAT NO.006, 3RD CROSS
3RD MAIN SARAKKI
BANGALORE (LINGAM LANE SARAKKI)
J.P.NAGAR 1ST PHASE
BANGALORE - 560 078 ...PETITIONERS
(BY SMT. THANUJA M.V. AND
SMT. SAVITHA G.G., ADVs.)
AND:
1. M/S. PUNJAB NATIONAL BANK
J.P. NAGAR BRANCH
2
#218, 9TH CROSS, J.P.NAGAR
II PHASE, KSRTC LAYOUT
BANGALORE - 560 078
REPRESENTED BY
AUTHORISED OFFICER
2. SRI.C.SRINIVAS
S/O R. CHOKKALINGAM
AGE 49 YEARS
#44/2, 27, 4TH FLOOR
LINGANA LANE SARAKI
J.P.NAGAR, 1ST PHASE
BENGALURU - 560 078
3. M/S. AABRAM INDUSTRIAL SERVICES
NO.18, 4TH CROSS, VINOBHA NAGAR
MUNESHWARA BLOCK
AVALAHALLI
BANGALORE - 560 026 ...RESPONDENTS
(BY SRI.MOHAMMED SADIQH, ADV., FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE NOTICE DATED 08.12.2015 VIDE
ANNEXURE - F ISSUED BY R-1 TO R-2 ILLEGALLY AND
INTENTIONALLY, AS THE PETITIONERS ARE IN PEACE FULL
POSSESSION AND ENJOYMENT OF THE RESPECTIVE
PORTION OF THE PROPERTY AS LESSEE AND ETC.
IN W.P. Nos.58496-58498/2015
BETWEEN:
1. SRI. MRUTHYUNJAYA B
S/O LATE PAKKIRESHAPPA
AGED 42 YEARS
R/AT NO.119, 3/44/2
(2ND FLOOR), 3RD CROSS
3RD MAIN SARAKKI VILLAGE
BANGALORE (LINGANA LANE SARAKKI)
J.P.NAGAR 1ST PHASE
BANGALORE - 560 078
3
2. K.SATHYAVANI K.
W/O B.R. GOPAL GUPTA
AGED 55 YEARS
R/AT NO.119, (OLD NO.3)
44/2, (2ND FLOOR), 3RD CROSS
3RD MAIN SARAKKI VILLAGE
BANGALORE (LINGANA LANE SARAKKI)
J.P.NAGAR 1ST PHASE
BANGALORE - 560 078
3. GEETHA D
W/O K.C.JAYANNA
AGED 35 YEARS
R/AT NO.119, (OLD NO.3)
44/2, (1ST FLOOR), 3RD CROSS
3RD MAIN SARAKKI VILLAGE
BANGALORE (LINGANA LANE SARAKKI)
J.P.NAGAR 1ST PHASE
BANGALORE - 560 078 ...PETITIONERS
(BY SMT. SAVITHA G.G., ADV.)
AND:
1. M/S. PUNJAB NATIONAL BANK
J.P. NAGAR BRANCH
#218, 9TH CROSS, J.P.NAGAR
II PHASE, KSRTC LAYOUT
BANGALORE - 560 078
REPRESENTED BY
AUTHORISED OFFICER
2. SRI.C.SRINIVAS
S/O R. CHOKKALINGAM
AGE 49 YEARS
#44/2, 27, 4TH FLOOR
LINGANA LANE SARAKI
J.P.NAGAR, 1ST PHASE
BENGALURU - 560 078
3. M/S. AABRAM INDUSTRIAL SERVICES
NO.18, 4TH CROSS, VINOBA NAGAR
MUNESHWARA BLOCK
4
AVALAHALLI
BANGALORE - 560 026 ...RESPONDENTS
(BY SRI.MOHAMMED SADIQH B.A., ADV., FOR R1;
R2 IS SERVED AND UNREPRESENTED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE NOTICE DATED 08.12.2015 VIDE
ANNEXURE - K ISSUED BY R-1 TO R-2 ILLEGALLY AND
INTENTIONALLY, AS THE PETITIONERS ARE IN PEACE FULL
POSSESSION AND ENJOYMENT OF THE RESPECTIVE
PORTION OF THE PROPERTY AS LESSEE AND TENANT AND
ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in these petitions are claiming to be the tenants in respect of the secured asset. This Court, at the first instance, while directing notice to the respondents has protected the possession of the petitioners.
2. Considering that through Sub-section 4(A) to Section 17 of the SARFAESI Act, a specific provision is made for consideration of rights relating to tenancy and lease hold rights of a secured asset by filing an appeal as provided under Section 17 of the SARFAESI Act, the petitioners would have to avail the remedy in accordance 5 with law. However, keeping in view the fact this Court at the first instance had granted the interim order, the benefit of the same shall continue in favour of the petitioners, till the appeal is taken up by the Debts Recovery Tribunal ('DRT' for short) for consideration subject to the petitioners filing the appeal before the DRT within a period of four weeks from the date of receipt of a copy of this order.
The writ petitions are accordingly disposed of. In view of disposal of the petitions, I.A.No.1/2016 is also disposed of.
Sd/-
JUDGE ST