IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4239 OF 2019 (GM-RES) AND WRIT PETITION NOS.9742-9746 OF 2019 BETWEEN:
1. Mrs. H. B. Usha, Aged about 60 years, D/o. Mr. H. R. Basavaraj, Residing at No.26/3, Sankey Road, Bengaluru-560 020.
2. Ms. Bhavani Harimohan, Aged about 38 years, D/o. Mrs. Usha Basavaraj, Residing at No.26/3, Sankey Road, Bengaluru-560 020, Represented by her GPA Holder, Mrs. H. B. Usha.
3. Mr. Chaitanya Harimohan, Aged about 34 years, S/o. Mrs. Usha Basavaraj, Residing at No.26/3, Sankey Road, Bengaluru-560 020, Represented by his GPA holder, Mrs. H. B. Usha.
… Petitioners (By Sri. W. M. Sundaramurthy, Advocate) AND:
1. The Union of India represented by its Secretary, Ministry of Finance, (Department of Revenue), North Block, New Delhi-110 001.
2. Reserve Bank of India, 10/3/8, Nrupathunga Road, Bengaluru-560 001, Represented by its Regional Director.
3. Housing Development Finance Corporation Limited, HDFC House, No.51, Kasturba Road, Bengaluru-560 001.
Represented by its Authorised Officer, Mr. Vishwanath Hooli.
4. M/s. Nitesh Estates Limited, 7th Floor, “Nitesh Timesquare”, No.8, M. G. Road, Bengaluru-560 001. Represented by its Executive Director, Mr. L. S. Vaidyanathan.
5. State of Karnataka, Represented by its Principal Secretary, Vidhana Soudha, Bengaluru-560 001.
(By Sri. Y. D. Harsha, AGA for R5; Sri. L. V. Aparna, CGC for R1) … Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to, quash the demand notice dated 28.12.2018 bearing Ref: Loan Account No.6360223153 (Annexure-A) issued by the R-3 to the extent of the petitioners share of 20,878 sqft of super built up area in property bearing Municipal No.26/3, 26/3-1, 26/3-2, 26/3-3, 26/3-4 & 26/3-5 and etc.
These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. W.M. Sundaramurthy, learned counsel for the petitioners.
Smt. L.V. Aparna, learned Central Government Counsel for respondent No.1.
Sri. Y.D. Harsha, learned Additional Government Advocate for respondent No.5.
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 demand notice dated 28.12.2018 issued by respondent No.3 under Section 13(2) 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 four 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.
Sd/- JUDGE Mds/-