IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.13559/2019 (GM-RES) BETWEEN:
H.C.KRISHNAPPA S/O LATE CHIKKANNA AGED ABOUT 60 YEARS, R/AT 26/2, GURUPRIYA MANSION, YELACHENAHALLI, KANAKAPURA ROAD, BANGALORE 560078. ... PETITIONER (BY SRI.NATARAJA.H.C, ADV.) AND:
SREE THYAGARAJA CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS AUTHORISESD OFFICER, HEAD OFFICE NO.5, 9TH CROSS, NARASIMHARAJA COLONY, BANGALORE 560019. ... RESPONDENT (BY SRI.LOKESH.K.V, ADV. FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE DATED 15.03.2019 WHICH IS ILLEGAL AND ENTIRE PROCEEDING WHICH IS AT ANENXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Nataraja.H.C., learned counsel for the petitioner. Sri Lokesh.K.V., learned counsel for respondent.
2. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned notice under Rule 8 of the Security Interest (Enforcement) Rules, 2002.
3. 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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short). For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avail 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 principles contained under Section 14 of the Limitation Act, 1963, to the petitioner and shall decide the application.
With the aforesaid liberty, the writ petition is disposed of.
Sd/- JUDGE VM