Sri. Govind Basu vs Sri. C. Srinivas on 6 April, 2017

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Karnataka High Court

Sri. Govind Basu vs Sri. C. Srinivas on 6 April, 2017

Author: A.S.Bopanna

Bench: A.S. Bopanna

                           1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF APRIL, 2017

                        BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

        WRIT PETITION NO.62481/2016 (GM-RES)

BETWEEN:

SRI.GOVIND BASU,
AGED ABOUT 52 YEARS,
S/O. LATE S.K.BASU,
RESIDING AT NO.44/2, 5 & 6,
NEW NO.27, 3RD MAIN,
R.C.LINGAM LANE,
SARAKKI, J.P.NAGAR 1ST PHASE,
BENGALURU - 560 078.                    ... PETITIONER

(BY SRI.AKSHAY.D.B,, FOR SRI.SHOWRI.H.R., ADVs.)

AND:

1.     SRI.C.SRINIVAS,
       S/O. R.CHOKKALINGAM,
       AGED ABOUT 47 YEARS,
       RESIDING AT NO.44/2, 5 & 6,
       NEW NO.27, 3RD MAIN,
       R.C.LINGAM LANE,
       SARAKKI, J.P.NAGAR 1ST PHASE,
       BENGALURU - 560 078.

2.     CLT POLYMER & RUBBERS PRIVATE LTD.,
       NO.44/2, 5 & 6,
       NEW NO.27, 3RD MAIN,
       R.C.LINGAM LANE,
       SARAKKI, J.P.NAGAR 1ST PHASE,
       BENGALURU - 560 078,
       REPRESENTED BY MANAGING DIRECTOR
       MR.C.SRINIVAAS.
                            2



3.   STATE BANK OF INDIA,
     REPRESENTED BY THE
     AUTHORIZED OFFICER,
     STRESSED ASSETS RECOVERY
     BRANCH, NO.22, 2ND FLOOR,
     BENGALURU CITY BRANCH
     BUILDING, J.C.ROAD,
     BENGALURU - 560 002.              ... RESPONDENTS

(BY SRI.K.PRAKASH, ADV. FOR R3,
    R1 & R2 NOTICE ORDERED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 6.11.2015 AND 19.01.2016 AT
ANNEXURE-F PASSED BY HON'BLE V ADDL. CHIEF
METROPOLITAN      MAGISTRATE,      BENGALURU     IN
CRL.MISC.9506/2015.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

The need to notify the respondents No.1 and 2

would not arise as the petitioner claims to be a tenant and his remedy is to be availed in accordance with law.

2. Through the amendment made to Section 17 of the SARFAESI Act by introduction of Sub-Section 4(A), tenancy/leasehold rights is also to be adjudicated in an appeal before the DRT.

3. In that view, the petitioner is reserved the liberty of filing the appeal before the DRT under Section 17(4-A) of the SARFAESI Act.

4. Accordingly, the petition is disposed of. Registry to return the papers, if any sought for by the learned counsel for the petitioner.

Sd/-

JUDGE ST

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