Sri.Vijay Shiva Kumar vs Sri.C.Srinivas on 16 March, 2017

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Karnataka High Court

Sri.Vijay Shiva Kumar vs Sri.C.Srinivas on 16 March, 2017

Bench: A.S. Bopanna

                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF MARCH, 2017

                        BEFORE

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

     WRIT PETITION Nos.60147-60148/2016 (GM-RES)

BETWEEN:

SRI VIJAY SHIVA KUMAR,
AGED ABOUT 47 YEARS,
S/O.LATE ABBAIAH,
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 SHOWRI H.R. ADV.)

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.
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3.   STATE BANK OF INDIA,
     REPRESENTED BY ITS
     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 ARE SERVED)

      THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 06.11.2015 AND
19.01.2016 AT ANNEXURE-C PASSED BY THE HON'BLE
VTH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU IN CRL.MISC.NO.9506/2015 AND ETC.

     THESE  WRIT   PETITIONS  COMING  ON   FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:

                         ORDER

The petitioner claims to be a tenant in respect of the petition schedule premises. In that light, this Court had granted the interim order at the first instance.

2. Through Section 17(4-A) of the SARFAESI Act, an appeal is provided even in circumstances where, tenancy and lease hold rights are claimed. In that view, the petitioner would have to avail the remedy of appeal before the DRT. The benefit of the interim order granted 3 by this Court shall enure to the petitioner till the DRT considers the matter in accordance with law. This is however subject to the condition that the petitioner shall avail the remedy of appeal within three weeks from the date of receipt of a copy of this order.

The petitions are accordingly disposed of.

Sd/-

JUDGE ST

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