IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.49055 & 49312/2016 (GM-RES) BETWEEN:
Angadi Prakash S/o A.Shivalinga Gowda Aged about 42 years Occ: Private C/o Angadi Umesh R/o 291, Ground Floor, Thimmappa Building, Besides Laxmi Venkateshwara Bakery Tumkur Road, Nagasandra Post, Chikkabidarkallu, Bengaluru-560 073.
(By Sri. L.Chandrashekar, Adv.) AND:
1. The District Magistrate/ Deputy Commissioner Office of the Deputy Commissioner Ballari District, Ballari-583101.
2. The Taluka Magistrate Tahasildar, Sandur Taluka, Bellari District – 583119.
3. The General Manager Karnataka Bank Ltd., Ballari Branch, 1st floor, Meenakshi Lodge Building, …PETITIONER Meenakshi Circle, Bengaluru Road, Bellari District, Bellari – 583101.
4. The Authorised Officer & Chief Manager of Karnataka Bank Ltd., Ballari Branch Asset Recovery Management Branch No.105, III Floor, Mohan Mansion, Kasturba Road, Bengaluru – 560 001.
5. Smt.C.Padmavathi W/o C.Srinivas Rao Aged about 47 years Occ: Proprietor Sai Teja Mining R/o 1st floor, Plot No.9 and 10 Vidya Nagar, 31st Ward, Near K.C.Kondaiah Nagar, Ballari – 583104.
(By Sri. Y.V.Parthasarathi, Adv. for R4, R3 - served) ...RESPONDENTS These Writ petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 09.02.2016 passed by the R-1 District Magistrate vide Annex-F to W.P. & Etc., These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER Sri. L.Chandrashekar, learned counsel for the Petitioner.
Sri.Y.V.Parthasarathi, learned counsel for Respondent No.4 - Bank.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition filed under Articles 226 & 227 of the Constitution of India, petitioner has assailed the validity of the order dated 09.02.2016 passed by the District Magistrate, Ballari District, Ballari, under Section 14 of the Securitization 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(4A) of the Act.
4. Accordingly, petitions are 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.
5. Till the petitioner files an application, ad-interim order dated 15.09.2016 granted by a Bench of this Court shall continue. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE Srl.