IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.5795/2018 (GM-RES) BETWEEN:
SMT. H.K. LAKSHMAMMA W/O LATE R. GOVINDARAJU AGED 41 YEARS RESIDING AT NO. 400, 1ST MAIN 4TH CROSS, BEHIND BHANU BUS STAND THUNGA NAGAR, HEROHALLI BANGALORE – 560 091.
…PETITIONER (BY SRI SHARATH KUMAR SHETTY, ADVOCATE - ABSENT) AND:
1. INDIAN BANK NEW THIPPASANDRA BRANCH NO.622, 1ST FLOOR, 80 FEET ROAD 12TH MAIN, HAL 2ND STAGE BANGALORE – 560 008 REPRESENTED BY AUTHORISED OFFICER.
2. SRI T.L. SOMASHEKAR S/O LATE LINGARAJU AGED ABOUT 50 YEARS RESIDING AT NO.84 5TH CROSS, MUDDINAPALYA MAIN ROAD ANJANANAGAR BANGALORE – 560 091.
…RESPONDENTS (BY SRI U. S. YOGESH KUMAR - ADVOCATE FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DATED 26.07.2017 ISSUED UNDER APPENDIX – IV, RULE 8(1) VIDE ANNEX-C.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Sri U.S. Yogesh Kumar, learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
Perused the records.
3. In this petition, the petitioner inter alia has assailed the validity of the order dated 26.07.2017 issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002.
4. 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 petitioner is to file an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
5. Accordingly, petition is disposed of with liberty to the petitioner that in case he files 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, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
6. Till the petitioner files an application, ad-interim order dated 07.02.2018 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE ca