IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8454 OF 2017 (GM-RES) BETWEEN:
G V NAGESH S/O LATE G VENKATASWAMY REDDY AGED 49 YEARS R/A NO.38 AND 39 ASHITHA NILAYA ANEKAL ROAD NARAYANA REDDY LAYOUT CHANDAPURA BANGALORE-560099.
(By MR. CHANDRASHEKHARA N, ADV.) AND:
1. BANK OF BARODA (PFS) INDIRANAGAR NO.332 DOUBLE ROAD 1ST STAGE CMH ROAD JUNCTION INDIRANAGAR BENGALURU-560038 REPRESENTED BY AUTHORIZED OFFICER.
2. SRI C N SHANTHA KUMAR S/O N NARAYANA REDDY R/A NO.575 1ST A MAIN, 6TH SECTOR HSR LAYOUT BANGALORE-560102.
…PETITIONER … RESPONDENTS (By MR. GOPALKRISHNA R HEGDE, ADV. FOR R1) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE W.P. SCHEDULE PROPERTIES AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to the respondent No.1 not to take physical possession of the writ petition scheduled properties.
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 application under Section 17-4A 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 17- 4A 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 application. Till then, the interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV