IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.43470 OF 2015 (GM-DRT) BETWEEN:
CHANDRASHEKAR RAO #568, 6TH MAIN BEML LAYOUT R R NAGAR BANGALORE 98 … PETITIONER (BY SRI.MARY JOAN C, ADV.) AND:
1. AUTHORISED OFFICERS DHFL NO.719/A, 53-2,2ND FLOOR J K TOWERS 46TH CROSS SANGAM CIRCLE JAYANAGAR 8TH BLOCK BANGALORE 560082 2. VINCENT ARTHUR #568, 6TH MAIN BEML LAYOUT R R NAGAR BANGALORE 98 … RESPONDENTS (BY SRI.K.V.LOKESH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE HON’BLE DRT, BANGALORE TO EXTEND THE TIME LIMIT TO THREE MONTHS TO PAY RS.1.5 LAKHS, KEEPING IN VIEW OFN MEDICAL GROUNDS, VIDE ANNEXURE-E DATED:1.10.2015 ISSUED BY THE HON’BLE DRT IN S.A. NO.432/15 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to the Debts Recovery Tribunal to extend the time limit to three months to pay Rs.
1.5 lakhs, keeping in view of medical grounds, vide Annexure-E dated 01.10.2015 issued by the Tribunal in S.A. No.432/2015.
2. 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 appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. 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 18 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 appeal. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV