IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.12861 OF 2019(GM RES) BETWEEN:
DR.B.ARUNKUMAR S/O LATE M BASAPPA AGED 57 YEARS RESIDING AT No.19/5 1ST MAIN, 1ST CROSS JAYAMAHAL EXTENSION BANGALORE – 560 046.
... PETITIONER (BY SRI R CHANNAKESHAVA, ADVOCATE –ABSENT) AND 1. THE BANGALORE CITY CO-OPERATIVE BANK LTD REPRESENTED BY ITS AUTHORIZED OFFICER A.O.No.3, PAMPAMAHAKAVI ROAD, CHAMARAJPET BANGALORE – 560 018.
2. M VIJAYAKUMAR S/O B L MUNIYAPPA AGE 50 YEARS RESIDING AT No.1229 17TH MAIN, 1ST STAGE, 1ST PHASE, BTM LAYOUT BANGALORE – 560 029.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 20.02.2019 VIDE ANNEX-D.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.R.Channakeshava, learned Counsel for petitioner.
The petition is admitted for hearing.
2. In this petition, petitioner has assailed the sale notice dated 20.2.2019 issued by respondent-Bank 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).
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 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.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE ln.