IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.23012 OF 2016 (GM-RES) BETWEEN:
ASHOK BABU D.N.
S/O NAGARAJ REDDY B AGED 39 YEARS R/AT. 227, 2ND FLOOR NISARGA KEERTHANA APARTMENTS CHANDAPURA HOSUR MAIN ROAD BANGALORE-560099.
(By Mr. MARKANDA SETTY, ADV., FOR Mr. R. CHANNAKESHAVA, ADV.,) AND:
1. LIC HOUSING FINANCE LTD No.51/1, HAYES CENTER HAYES ROAD BANGALORE-560025 REP. BY ITS AUTHORISED OFFICER.
2. MIS. ANITHA ANTHONY W/O ANTHONY No.15, 2ND STAGE R.T. NAGAR, BANGALORE-560042.
(By Mr. N. ASWIN KUMAR, ADV., FOR Mr. RAJESH SHETTY, ADV., FOR R1 R2 SERVED AND UNREPRESENTED) - - -
… PETITIONER … RESPONDENTS This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct respondent-1 not to take physical possession of the W.P. scheduled property and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Markanda Setty, learned counsel for Sri.R.Channakeshava, learned counsel for the petitioner. Sri.N.Aswin Kumar, learned counsel for Sri.Rajesh Shetty, learned counsel for respondent No.1.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent No.1 not to take physical possession of the property.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner, in substance, has challenged the action taken by the respondents under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) and the petitioner has a remedy to file an appeal under Section 17(4-A) of the Act.
4. In view of the aforesaid submissions, learned counsel for the petitioner prays for withdrawal of the writ petition with a liberty to file an appeal before the Appellate Authority. Needless to state that if an appeal is filed within three weeks from the date of receipt of certified copy of the order passed today, the petitioner shall be entitled to the benefit of the principles contained under Section 14 of the Limitation Act, 1963.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE RV