IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HONB’LE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14061 OF 2019 (GM-RES) BETWEEN:
MR.C.VARADARAJU S/O LATE CHIKKARAMAIAH AGED ABOUT 54 YEARS R/AT NO.23/585, 1ST FLOOR MARIYANNANAPALYA BEHIND MANYATHA TECH PARK H.A.FARM POST BANGALORE – 560 094.
(BY MR.RAJESH SHETTIGARA, ADV.) AND:
1. M/S SUNDARAM BNP PARIBAS HOME FINANCE LIMITED FORMERLY KNOWN AS (SUNDARAM HOME FINANCE LIMITED) NO.46, WHITE ROAD CHENNAI – 600 014. REPRESENTED BY ITS AUTHORIZED OFFICER 2. MR.PRASANNA H.A. S/O H.ACHUTHAIAH AGED ABOUT 52 YEARS NO.36, SOUTH END ROAD SESHADRIPURAM BENGALURU – 560 020.
3. SMT.PADMAVATHI W/O PRASANNA H.A.
AGED ABOUT 49 YEARS NO.36, SOUTH END ROAD … PETITIONER SESHADRIPURAM BENGALURU – 560 020.
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… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R1 BANK NOT TO DISPOSSESS THE PETITIONER FROM THE SCHEDULE PROPERTY DURING INITIATION OF RECOVERY PROCEEDINGS AND DIRECT THE R1 TO PAY THE LEASE AMOUNT OF RS.2,50,000/- FROM THE RECOVERY AMOUNT TO THE PETITIONER AND THEN VACATE THE PETITIONER FROM THE SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Rajesh Shettigara, learned counsel for the petitioner.
2. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned notice 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 order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioner has a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 17 of the Act within three 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 petitioner and shall decide the application. Needless to state that the petitioner be at liberty to make an application before the competent authority of respondent Bank to enable him to take out the belongings of the petitioner in the premises in question. In case such a representation is mad, the competent authority of respondent Bank shall pass suitable orders shall be passed.
With the aforesaid observation, writ petition is disposed of.
Sd/- JUDGE SS