IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos. 39323-324/2015 (GM-RES) BETWEEN:
1. A SHRADDHA PRABHU D/O SRI A RAGHUVEERA PRABHU AGED:20 YEARS OCC:STUDENT R/AT DOOR NO.11-479/1 RAILWAY STATION ROAD HARADI, PUTTUR D K DISTRICT-574 201 2. A R DHRUVA PRABHU D/O SRI A RAGHUVEERA PRABHU AGED:13 YEARS OCC:STUDENT MINOR REP. BY HIS NEXT FRIEND MATERNAL GRAND MOTHER SMT. SUDHA BAI W/O SRI SEETHARAMA ACHARYA AGED:70 YEARS R/AT DOOR NO.11-479/1 RAILWAY STATION ROAD HARADI, PUTTUR D K DISTRICT-574 201 ... PETITIONERS (BY SRI. PRASANNA V R, ADV.) AND 1. CANARA BANK REP. BY ITS BRANCH MANAGER MAIN BRANCH PUTTUR D K DISTRICT-574 201 2. THE AUTHORIZED OFFICER CANARA BANK REP. BY ITS BRANCH MANAGER MAIN BRANCH, PUTTUR D K DISTRICT-574 201 3. M/S DRUVA ENTERPRISES REP. BY ITS PARTNERS SRI. A RAGHUVEERA PRABHU AND SMT. PRARTHANA PRABHU HIGHER ELEMENTARY SCHOOL ROAD MAIN ROAD, PUTTUR D K DISTRICT-574 201 ... RESPONDENTS (BY SRI. HARIDASS BHAT V, ADV. FOR C/R1 & R2 R3-SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 11.8.2015 ISSUED BY THE R-2 FOR E-AUCTION BY INVITING TENDER IN SO FAR AS ITEM NO.11 IS CONCERNED, PUBLISHED ON 17.8.2015 VIDE ANN-A THESE WRIT PETITIONS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Prasanna V. R., learned counsel for the petitioners. Sri. Haridass Bhat V, learned counsel for respondents 1 and 2.
2. These writ petitions are admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In these petitions, petitioners have assailed the validity of the action taken by respondent-Bank under Rules 8(6) and 9 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Rules read with Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
4. 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.
5. 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.
6. Till the petitioner files an application, ad-interim order dated 15.09.2015 granted by a bench of this Court, shall continue.
Sd/- JUDGE VP