IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.397 OF 2019 (GM-RES) BETWEEN:
DHANLAKSHMI AGED 48 YEARS W/O.LATE SRINIVAS MURTHY R/AT.NO.31-12-23/1, OLD NO.17 4TH CROSS, KEMPAPURA AGRAHARA MAGADI ROAD BENGALURU-560 023.
(BY SRI. T. A. KARUMBAIAH, ADVOCATE) AND:
1. CANARA BANK KALYANANAGAR BRANCH BENGALURU-560 091 BY ITS CHIEF MANAGER & AUTHORIZED SIGNATORY.
2. SOLOMON A PROP. M/S.TRANSON PROJECTS NO.174, RAKSHITHA COMPLEX 3RD FLOOR, 2ND MAIN, 9TH CROSS 1ST STAGE, INDIRA NAGAR BENGALURU-560 038.
... PETITIONER ... RESPONDENTS (BY SRI. T. P. MUTHANNA, ADVOCATE FOR R1 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-C THE POSSESSION NOTICE DATED 10.12.2018 ISSUED BY THE R-1 IN RESPECT OF THE SCHEDULE PROPERTY; DIRECT THE R-1 TO PROCEED AGAINST THE R-2 BORROWER FOR RECOVERY OF HIS LIABILITY AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. T.A. Karumbaiah, learned counsel for the petitioner.
Sri. T.P. Muthanna, learned counsel for respondent No.1.
Petition is admitted for hearing. With consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner has assailed the validity of the possession notice dated 10.12.2018 under Section 13(12) read with Rule 3 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 a liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of three 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 Mds/-