IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30479 OF 2019 (GM-RES) BETWEEN:
ELANGO DHASAPA PROP: M/S. S. S. CONSTRUCTIONS, S/O LATE S. DHASAPPA, AGED 46 YEARS, R/O B-NO.205, PAVANI PARKWEST APTS, INNER CIRCLE, WHITEFIELD, BENGALURU – 560 049.
… PETITIONER (BY SRI. B. S. HADIMANI, ADVOCATE - ABSENT) AND:
M/S. CANARA BANK (A PUBLIC SECTOR BANK), REPRESENTED BY ITS AUTHORISED OFFICER, ASSET RECOVERY MANAGEMENT BRANCH, NO.86, SPENCER TOWERS, M.G.ROAD, BENGALURU – 560 001.
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE E- AUCTION NOTICE DATED 13.06.2019 PRODUCED AS ANNEXURE – R AND E-AUCTION PROCEEDINGS ON 26.07.2019 TO BE CONDUCTED BY THE AUTHORIZED OFFICER OF THE RESPONDENT BANK AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner. Record perused.
2. In this petition, the petitioner has assailed the validity of the e-auction notice dated 13.06.2019 vide Annexure-R 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.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-