IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2235 OF 2019 (GM-RES) BETWEEN:
Mr.Aboobakkar Beary S/o Hammabba Beary Aged about 66 years, Residing at H.No.5-61/2, Zeenath Manzil, Kunjakatta House, Perdoor, Udupi – 576 124.
(By Smt.Kavitha.D, Advocate) AND:
… Petitioner M/s.Abhyudaya Co-operative Bank Limited R/o ‘Shambhavi Forutune’, Behind KSRTC Bus Stand, Udupi – 576 101 By Asst. General Manager/Authorised Officer … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 27.12.2018 passed by the District Magistrate and Deputy Commissioner, Udupi District, Udupi under Annexure-J and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Heard on the question of admission.
2. In this petition, the petitioner has assailed the validity of order dated 27.12.2018 passed by the District Magistrate and Deputy Commissioner, Udupi District, Udupi under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’ for short).
3. For the reasons assigned by this Court in order dated 30.01.2019 passed in W.P.No.6594/2018, the appropriate remedy for the petitioner is to approach the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short) by filing an appeal under Section 17 of the SARFAESI Act.
4. It is needless to state that in case the petitioner files an appeal before the Tribunal within a period of two weeks from the date of the receipt of the certified copy of the order passed today, the Tribunal shall consider the appeal, which may be submitted by the petitioner on merits by extending to him the benefit of principles contained under Section 14 of the Limitation Act, 1963.
With the aforesaid observations, the writ petition is disposed of.
Sd/- JUDGE dn/-