IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.45883 OF 2011 (GM-RES) AND WRIT PETITION NO.46577 OF 2011 BETWEEN:
Mr. Gulam Ahmed, S/o late Mr. Ghouse Mohiyuddin Since deceased Represented by Legal representative 1. Smt. Nishanth Parveen, D/o Late Gulam Mohammed, W/o Syed Yunus Bukhari, Aged 39 years, I floor, No.412, 13th Cross, 7th Main, Binnamangala II Stage, Indiranagar, Bengaluru – 560 038.
2. Mr. Javeed Shakil, S/o Mr. Gulam Ahmed, Aged about 50 years, Residing at No.412, Ground Floor, 13th Cross, 7th Main, Indiranagar 2nd Stage, Bengaluru – 560 038.
Represented by his G.P.A. Holder/ Daughter Smt. Nishath Parveen, Presently residing at No.412, 13th Cross, 7th Main, Indiranagar 2nd Stage, Bengaluru – 560 038.
… Petitioners (By Sri. D. B. Raju, Advocate and Sri. P. S. Jagadish, Advocate) AND:
1. M/s. Union Bank of India, Regional Office, No.10/A, “Chandrakiran”, Kasturba Road, Bengaluru – 560 001.
Represented by Deputy General Manager Mr. Sunil Gupta.
2. M/s. Union Bank of India, Richmond Town Branch, Alexander Street, Richmond Town, Bengaluru – 560 025. Represented by its Senior Manager.
3. M/s. Union Bank of India, Nodal Regional Office, No.10/A, “Chandrakiran”, Kasturba Road, Bengaluru – 560 001. Represented by its Regional Manager, 4. M/s. Lit Corporate Services Pvt. Ltd., “Mittal Tower”, Unit No.613, 6th Floor, “B” Wing, M. G. Road, Bengaluru – 560 001. Represented by its Director Leena Issac.
… Respondents (By Sri. S. Anantharama Reddy, Advocate for R1- R3; R4 served and unrepresented) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the possession notice dated 21.06.2011 issued by the R3 vide Annexure – A and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. D. B. Raju, learned counsel for Sri. P. S. Jagadish, learned counsel for the petitioners.
Sri. S. Anantharama Reddy, learned counsel for respondent Nos.1 to 3.
Petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, petitioners have assailed the validity of the possession notice issued by respondent No.3 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 petitioners is to file an application under Section 17 of the Act.
4. Accordingly, petitions are disposed of with liberty to the petitioners that in case they file 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, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Needless to state that interim order, if any, shall continue for the period of three weeks from the date of receipt of certified copy of the order passed today till the petitioners approach Debts Recovery Tribunal.
Sd/- JUDGE Mds/-