IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.12829 OF 2019(GM RES) BETWEEN:
M/S. A P R SILKS PROP; ARIF PASHA No.332/687/6/1 BEHIND KEB COMPOUND No.11, KOTHIPURA AMANIKERE, HUNASANAHALLI ROAD RAHAMANIYA NAGAR RAMANAGAR, TOWN KARNATAKA – 562 159.
... PETITIONER (BY SRI SYED UMMER, ADVCOATE – ABSENT) AND 1. THE MANAGER AUTHORIZED PERSON CORPORATION BANK No.316, IJOOR NEAR BUST STAND, RAMANAGAR TOWN, RAMANAGARA DISTRICT.
2. CORPORATION BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES ACQUISITION AND UNDERTAKING ACT, 1980, HAVING ITS HEAD OFFICE AT MANGALORE – KARNATAKA.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF PROCEEDINGS IN MISC/PET:23/16-17 FROM THE OFFICE OF HON’BLE D.C.CUM DISTRICT JUDGE RAMANGARA TO ISSUE WRIT OF CERTIORARI, AND OTER WRITS LIKE NATURE AND SET ASIDE AND QUASH THE ORDER DATED 19.02.2019.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Perused records. The petition is admitted for hearing.
2. In this writ petition, petitioner has assailed the validity of the order dated 19.02.2019 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17 of the Act.
4. Accordingly, petition is disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE ln.