IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.1691-1692 OF 2019 AND WRIT PETITION NO.2256 OF 2019 (GM-RES) BETWEEN:
1. DR. VINAY NARAYAN PANDIT S/O. NARAYANA PANDIT AGED ABOUT 38 YEARS, 2. DR. RUKMINI DEVI D/O. LATE PANDIT VENKATARAMACHAR AGED ABOUT 62 YEARS, 3. DR. PADMA RAJAMMA D/O. LATE PANDIT VENKATARAMACHAR AGED ABOUT 75 YEARS.
ALL ARE RESIDING AT NO.1379 2ND CROSS, 24TH CORSS BANASHANKARI II STAGE BENGALURU-560 070. ... PETITIONERS (BY SRI ROOPESHA B., ADV.) AND:
THE AUTHORISED OFFICER HOUDING DEVELOPMENT FINANCE- CORPORATION LIMITED NO.51 KASTURBA ROAD BENGALURU-560 001. … RESPONDENT (BY SRI A. SHIVASHANKARA, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE QUASH THE IMPUGNED POSSESSION NOTICE DATED 5.1.2019 ISSUED BY RESPONDENT VIDE ANNEXURE-D AS ILLEGAL AND VOID AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for petitioners.
Sri A. Shivashankara, learned counsel for caveator-Respondent No.1.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the possession notice dated 05.01.2019 issued to them under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. The petitioners have the remedy of filing an objection to the aforesaid notice under Section 13(3) of the Act. Therefore, in the fact situation of the case, the writ petitions are disposed of with liberty to the petitioners to file an objection to the impugned possession notice dated 05.01.2019. In case, the petitioners file an objection to the impugned possession notice, the competent authority shall consider and decide the objection which may be filed by the petitioners by a speaking order, before proceeding further with the matter.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ST