IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47462 OF 2018 (GM-RES) BETWEEN:
G VENKATESH S/O SRI M GOPAL AGED ABOUT 47 YEARS R/AT NO.1483, GROUND FLOOR 17TH A MAIN, J P NAGAR 2ND PHASE BENGALURU-560078.
(By Mr. MANJUNATHA H, ADV.) AND:
1. PUTTANARASIMAIAH S/O LATE N LAKSHMAIAH AGED ABOUT 83 YEARS NO.14/13, MIRZA ROAD OPP POLICE QUARTERS, ANEKAL, BANGALORE-560106.
2. NATIONAL CO-OPERATIVE BANK LTD REP BY GENERAL MANAGER 73/1, GROUND FLOOR ANDHI BAZAR RD BENGALURU-560 004.
(By Smt. SHOBHA K.R. ADV., FOR R2 R1 SERVED AND UNREPRESENTED) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO SET ASIDE THE POSSESSION NOTICE DTD:17.9.2018 AS PER ANNEXURE-D. GRANT AN INTERIM ORDER TO STAY THE POSSESSION NOTICE DTD:17.9.2018 AS PER ANEXURE-D, TILL THE DISPOSAL OF THE W.P.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Manjunatha H., learned counsel for the petitioner.
Mr.Shobha K.R., learned counsel for respondent No.2.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
a) Issue a writ of Mandamus or any other appropriate writ directing the Respondent No.2 to set aside the possession notice dated 17-9-2018, as per Annexure-D.
b) Issue such any other order(s) or direction(s) as this Hon’ble court deems fit to grant in the circumstances of the present case, in the interest of justice and equity.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned notice dated 17.09.2018 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).
4. 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 of the Act. 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 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 principle contained under Section 14 of the Limitation Act, 1963 to the petitioner and shall decide the application.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS