IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.19123/2018 (GM-RES) BETWEEN:
AJAYKUMAR R.
S/O RADHAKRISHNA AGED ABOUT 44 YEARS R/A NO.FLAT NO.T-14 M/S PRABHAVATHI HEAVEN SBL LAYOUT, DEVARACHIKKANAHALLI B. G. ROAD BANGALORE-560076 (BY SRI. P. PRASAD, ADV.) AND 1. AADHAR HOUSING FINANCE LTD.
... PETITIONER (FORMERLY KNOWN AS DHFL HOUSING FINANCE LTD.) NO.284, 2ND FLOOR BETWEEN 17TH AND 18TH CROSS SAMPIGE ROAD, MALLESHWARAM BENGALURU-560003 REP. BY THE MANAGING DIRECTOR/ AUTHORIZED PERSON 2. M/S PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT NO.18, FIRST FLOOR, 6TH MAIN, 1ST CROSS, MICO LAYOUT, BTM 2ND STAGE BENGALURU-560076 REP. BY THE MANAGING DIRECTOR/PARTNER SRI B E PRAVEENKUAMR 3. PRAVEEN KUMAR B E S/O SRI EKAMBARAM MANAGING DIRECTOR M/S PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED NO.18, FIRST FLOOR, 6TH MAIN 1ST CROSS, MICO LAYOUT BTM 2ND STAGE BENGALURU-560076 4. SMT NANDHINI R W/O SRI PRAVEENKUMAR B E DIRECTOR AGED ABOUT 42 YEARS M/S PRABHAVATHI BUILDERS AND DEVELOPERS PRIVATE LIMITED NO.18, FIRST FLOOR, 6TH MAIN 1ST CROSS, MICO LAYOUT BTM 2ND STAGE BENGALURU-560076 5. M/S PRABHAVATHI PROMOTERS A PARTNERSHIP FIRM HAVING OFFICE AT: NO.18 FIRST FLOOR, 6TH MAIN 1ST CROSS, MICO LAYOUT BTM 2ND STAGE BENGALURU-560076 REPRESENTED BY ITS PARTNER 6. A D MANJUNATHA S/O A DEVARAJ AGED ABOUT 44 YEARS R/A NO.5, 4TH CROSS KADARENAHALLI, BSK 2ND STAGE BENGALURU-560070 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED FEBRUARY 27, 2018 IN C.MISC NO.648/2018, IN THE COURT OF THE VI ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE, AT ANNEXURE-K IN SO FAR AS THE PETITIOENR AND THE SCHEDULE PREMISES ARE CONCERNED; DIRECT THE FIRST RESPONDENT NOT TO ACT UPON ITS NOTICE DATED MARCH 14, 2018, AT ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. P. Prasad, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
Petition is admitted for hearing, and the same is heard finally.
2. In this petition, petitioner has assailed the validity of the order dated 27.02.2018 in C.Misc.No.648/2018 passed by the VI Additional Chief Metropolitan Magistrate, Bangalore 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).
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 four 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.
Sd/- JUDGE VP