Karnataka High Court
Smt Annalatha J vs Dhfl Vyshya Housing on 27 March, 2012
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 27°" DAY OF MARCH, 2012 BEFORE THE HON'BLE MR.JUSTICE MOHAN.SHANTANAGCUDAR WRIT PETITION NO.9437 OF 2012 (GM-RES) BETWEEN : 4 aL . Smt. Annalatha J W/o Alwin Ammanna. Aged about 48 years ~ a R/a No.59/2-A, 7 Cross 7 Rajendranage ra Mysore- 570 007. , Roopalatha | oe W/o.Raghu' Aradhya Aged about 59 years., . R/a No.59/2-A,7" € rOSs " . Rajendranagara -- oo Mysore- 570 007. " oe ..Petitioners a (By Si | Mahesh Kiran, Shetty, Adv., Prd ND: i DHFL L Wshia Housing 'Finarice Limited Nu.2742/1A First-Floor, Temple Road Vv. Mohalla, Mysore-02 "Rep by its authorised officer. 2. The petitioners are due certain amounts to the first respondent. Inspite of the repeated notices, the
petitioners have not repaid the dues. Thus;: nce en demanding the due amounts. 7 . However, She petitioners being the borrower s have Fai led 'to repay the amounts. Thus, 4 noti ice- came fo be scued under Section1 3(4) of the Act as. per "Annexure- B, dated 18.8.2011 far: taki ing "possession of the property. Inspite of the: same, the due es. are not paid by the petitioners: "However - it seems that the tual/al hysi cal. "possession of the assets of the pet itioners has not been taken by the first respondent.
Only the syinbol lic possession f the property seems to 'pave bean taken. The respondent No.1 having felt 7 that the petitioners may object for taking physical "possession, requested the second respondent-Deputy Gommissioner to pass orders under Section 14(1) of t ' the SARFAESI Act. Accordingly, after considering the material on record, the second respondent has passed the order as per Annexure-A dated 23.10.2011 for taking physical possession of the property by. diving | | .
police protection
3. The order at Annexure-A, which is impugned in this writ petition wae aready questi ioned- by the petitioners in We. No.44 1090/2011 before this Court, which came.. to be. "disposed, "of on "28.11. 2011, by directing. the | "petit ioners Sto. approach the Debt Recovery Tribus By "the very order, this Court has observed that the | peti figilers shall deposit 50% of the
- dues for. which stie-potsession notice is issued, within "two weeks From 28.11.2011 (i.e., the order of this Court in WP.No.44100/2011).
Inspite of the leniency shown by this Court in * >= WP.No.44100/2011 as mentioned Supra, the \ iv a) ' petitioners did not choose to make use of such opportunity to deposit the amount shown in' the possession notice issued under Section 13(4) of the SARFAESI Act. In view of the same, tne petit oners, 7 cannot be permitted to approach thi iS Court repeatedly for the very reliefs. Petit ioners. have, abuse the process of this Court by approaching repeatedly. The prayers as sought for by the © petitioners in this writ petition are practi ical iy dealt" wi ith "by this Court in WP.No.44100/2011( (GM: RES 5), . disposed of on 28.11:2011:-
In view of the same, no interference is called for. m Petition. fails and.-accordingly, the same stands dismissed...» *ck/nk-