IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 10485 OF 2018(GM-RES) BETWEEN:
M/S. HAMEED MINING INDUSTRY DOOR NO.1, 25TH WARD BELLARY ROAD HOSPET – 583201 REPRESENTED BY ITS PROPRIETOR B MUSTAQ HUSSAIN S/O LATE KAMAL BASHA AGED ABOUT 41 YEARS.
... PETITIONER (BY SRI LAXMIKANTHA K.B – ADVOCATE - ABSENT) AND:
SYNDICATE BANK SME BRANCH SYNDICATE BANK BUILDING STATION ROAD HOSPET – 583201 REPRESENTED BY ITS AUTHORISED OFFICER.
... RESPONDENT (BY SRI M.R. SHASHIDHAR – ADVOCATE FOR RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO DECLARE THE POSSESSION NOTICE DATED 11.09.2017 AT ANNEXURE-F ISSUED AGAINST THE SCHEDULE PROPERTY IN THE NEWSPAPERS DATED 17.09.2017 BY THE RESPONDENT AS NULL AND VOID., ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Mr. M.R. Shashidhar, learned counsel for respondent.
Record perused. Petition is admitted for hearing.
2. In this petition under Articles 226 & 227 of the Constitution of India, petitioner interalia has assailed the validity of the notice issued under Section 13(12) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) dated 11.09.2017.
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 petitioner is to file an application under Section 17 of the Act. Hence, the petitioner has an alternative and efficacious remedy of approaching the Debts Recovery Tribunal. Therefore, in the fact situation of the case, I deem it appropriate to dispose of the writ petition with liberty to the petitioner to approach the Debts Recovery Tribunal.
4. 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.
5. Since a Bench of this Court while entertaining the writ petition had granted an ad-interim order on 27.03.2018, the same shall continue till the application for stay filed by the petitioner is considered by the Debts Recovery Tribunal.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE KS