IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5832/2016 (GM-RES) & WRIT PETITION NOs.5833-5834/2016 (GM-RES) C/W.
WRIT PETITION NOs.2881-2885/2015 (GM-RES) IN W.P.NO.5832/2016 & W.P.Nos.5833-5834/2016 Between:
1. Abhijeet Indalkar, Son of late Datta V.Indalkar, Aged about 28 years, Residing at: F/2, Saidham Society, First Floor, Kankuwadi P.M.Road, Vile Parle (E), Mumbai-400 057.
2. Amit Indalkar, Son of late Datta V.Indalkar, Aged about 25 years, Residing At: F/2, Saidham Society, First Floor, Kankuwadi, P.M., Vile Parle (E), Mumbai-400 057.
3. Pallavi Indalkar, Daughter of late Datta V.Indalkar, Aged about 33 years, Residing at: B-301, Brahma Building, Chandansaar, Virar East, Thane-401 305. ... Petitioners (By Sri.Adhitya Patel, Adv. for Sri.Vikas Mahendra, Adv.,) And:
1. The Saraswat Co-Operative Bank Ltd., Having its offices at:
Sogo Properties, First Floor, Site No.47, 1st Floor, 100 Ft. Road, 4th Block, Ward No.68, Koramangala Extension, Bengaluru-560034.
Also at:
Central Recovery Department, Saraswat Co-Operative Bank, 74 C, Samadhan Building, 2nd Floor, Senpati Bapat Marg, Dadar West, Mumbai-400 028.
Represented by its Chief General Manager, Mr. Ullas Waghale (Adult) 2. The Police Inspector, Koramangala Police Station, Bangalore-560034. ... Respondents (By Sri.R.V.Naik, Adv. for M/s.M.V.Kini & Co., Advs., for R-1 Sri. Y.D.Harsha, AGA. for R-2) These W.Ps. are filed under Article 226 r/w. Article 227 of the Constitution of India praying to quash set-aside and declare vide the impugned order dtd:3.11.2014 passed the Hon'ble VIII Additional Chief Metropolitan Magistrate in Crl.Misc.5911/2014 produced as Annexure-A to the instant petition and etc.
IN W.P.NOs.2881-2885/2015 Between Mr.M.L.C.Anand, Son of Mr.Lingappa Gowda, Aged about 47 years, No.611, 6th Floor, Block No.C, "Maple" Raheja Residency, Koramangala 3rd Block, Bengaluru-560 034, Karnataka. ... Petitioner (By Ms.Nitya Kalyani, Adv. for Sri.Pradeep Nayak, Adv.,) And:
1. The Saraswat Co-Operative Bank Ltd., (A Scheduled Bank, deemed to be Registered under the Multi-State Co-Operative Societies Act 2002), Having its offices at:
Sogo Properties, First Floor, Site No.47, 1st Floor, 100 Ft. Road, 4th Block, Ward No. 68, Koramangala Extension, Bengaluru-560 034.
Karantaka.
And also at:
Vile Parle Branch, Mumbai-400 057, Represented by its Manager of Zonal Office (Recovery Dept), Mr. Jayraj K. Suvarna (Adult), 2. Mrs. Shantabai Dattatraya Indalkar, Wife of late Datta V. Indalkar, Aged:adult, 3. Ms. Pallavi D. Indalkar, Daughter of Late Datta V. Indalkar, Aged: not known to Applicant, (Bona Fide believed to be adult) 4. Mr. Amit D. Indalkar, Son of late Datta V. Indalkar, Aged: not known to Applicant, (Bona Fide believed to be adult) 5. Mr. Abhijit D. Indalkar, Son of late Datta V. Indalkar, Aged: not known to Applicant (Bona Fide believed to be adult) Defendant Nos.2 to 5 all are residing at No.27/A, Ground Floor, Mankame Apartments, Mahatma Phule Cross Road, Vile Parle (East), Mumbai 400 057, Maharashtra, And also at:
Saidham Society , Flat No.2, 1st Floor, Phirozshaha Mehta Road, Vile Parle (East), Mumbai -400 057, Maharashtra.
6. Mr. Sachin Indalkar, Son of late Vasanth Sahebrao Indalkar, Age: adult, Residing at: No.1, 1st Floor, Chikkabommasandra, GKVK Post, Yelahanka New Town, Bengaluru-560 065, Karnataka.
And also at:
No.5, 5th Cross, Kaveri Nagar, Murgeshpalya Rithanya Cottage, Bengaluru-560 017, Karnataka.
7. The Police Inspector, Koramangala Police Station, Bengaluru-560 034, Karnataka. ... Respondents (By Sri.R.V.Naik, Adv. for M/s.M.V.Kini & Co., Advs. for R1 Sri. Adhitya Patel, Adv. for Sri Vikas Mahindra, Adv. for R2; Sri.Pramod Naik, Adv. for R3 to 5; Sri.Y.D.Harsha, AGA for R-7;
R6 deleted v/o dt.19.01.2016) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash, set aside and declare void ab initio the impugned order dated 3.11.2014 passed by the Ld. VIII Addl. Chief Metropolitan Magistrate, Bengaluru, vide Ann-A, in C.Misc.No.5911/2014 etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER IN W.P.NO.5832/2016 & W.P.Nos.5833-5834/2016 Sri.Adhitya Patel, learned advocate for Sri.Vikas Mahendra, learned advocate for petitioners.
Sri.R.V.Naik, learned advocate for M/s.M.V.Kini & Co., for respondent No.1.
Sri. Y.D.Harsha, learned Additional Government Advocate for respondent No.2.
IN W.P.NOs.2881-2885/2015 Ms.Nitya Kalyani, learned advocate for Sri.Pradeep Nayak, learned advocate for petitioner.
Sri.R.V.Naik, learned advocate for M/s.M.V.Kini & Co., learned advocates for respondent No.1.
Sri.Adhitya Patel, learned advocate for Sri Vikas Mahindra, learned advocate for respondent Nos.2.
Sri.Pramod Naik, learned advocate for respondent Nos.3 to 5.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent No.7.
In this petition under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the impugned order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
2. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioners have a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons, the petitions are disposed of with a liberty that in case the petitioners avail of the remedy provided to them under Section 17 of the Act within four weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioners and shall decide the application. Interim order shall continue for a period of four weeks from the date of receipt of the certified copy of the order passed today.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE nvj