IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5126 OF 2019 (GM-RES) BETWEEN:
Devaraju.C.V, S/o.Late C.K.V.Iyyannavar, Aged about 63 years, R/o: Housing Board Colony, H.D.Kote Town, Mysuru District-571114. … Petitioner (By Sri. D.S.Hosmath, Advocate) AND:
1. Vijaya Bank, Represented by its Authorized officer, (AGM, RO), H.D.Kote Branch, H.D.Kote Town, Mysuru District-571114.
2. Vijaya Bank, Represented by its General Manager, Head office, M.G.Road, Bengaluru-560001. … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash possession notice vide Annexure-A dated 12.04.2018 issued by the respondent No.1.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.D.S.Hosmath, learned Senior Counsel for the petitioner.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
Heard on the question of admission.
2. In this petition, the petitioner inter-alia seeks for a writ of certiorari for quashment of the possession notice dated 12.04.2018, issued under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. Admittedly, against the aforesaid order, an appeal lies under Section 17 of the Act. However, learned counsel for the petitioner submits that the petitioner with an intention to settle the loan account, has already submitted a representation to the competent authority of the respondent-Bank and the respondent-Bank be directed to consider the representation submitted by him by a speaking order within fixed time limit.
4. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction that in case the petitioner submits a fresh representation before the competent authority of the respondent-Bank within a period of three days from the date of receipt of certified copy of the order passed today, the competent authority of respondent-Bank shall consider and decide the representation submitted by the petitioner by a speaking order after affording an opportunity of hearing to him within a period of one week from the date of such representation.
Sd/- JUDGE dn/-