IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31093 OF 2019 (GM-RES) BETWEEN:
SMT. JAYANTHI. S W/O SABASTIN, AGED ABOUT 45 YEARS, RESIDING AT NO.24, FIRST FLOOR, (OLD NO.383), WARD NO. 9, 8TH CROSS, BAPUJI NAGAR, (EARLIER ANGALAIAHNAKERE), SHIVAMOGGA CITY-577 201.
... PETITIONER (BY SRI MADHUKAR NADIG, ADVOCATE) AND:
1. SOUTH INDIAN BANK LIMITED, A BANKING COMPANY INCORPORATION UNDER PROVISIONS OF COMPANIES ACT, 1913, HAVING REGISTERED OFFICE AT SIB HOUSE, T.B. ROAD, MISSION QUARTERS, THRISSUR, KERALA-680 001.
HAVING REGIONAL OFFICE AT BENGALURU, SIB ARCADE, NO.61, WHEELERS ROAD, COX TOWN, BENGALURU-560 005, REPRESENTED BY ITS AUTHORISED OFFICER/CHIEF MANAGER.
2. MRS. HASEEN PARVEEN W/O. ANSAR PASHA, MAJOR PROPRIETOR: M/S. ARK HOME PRODUCTS SARASWATHI COMPLEX, DOUBLE ROAD, SHIVAMOGGA CITY-577 201.
AND ALSO RESIDING AT: GOUSIYA MANZIL, WARD NO. 9, 8TH CROSS, BAPUJI NAGAR, (EARLIER ANGALAIAHNAKERE) SHIVAMOGGA CITY-577 201.
3. MR. ANSAR PASHA S/O. ABDUL SUBHAN SAB, MAJOR, GOUSIYA MANZIL, WARD NO. 9, 8TH CROSS, BAPUJI NAGAR, (EARLIER ANGALAIAHNAKERE), SHIVAMOGGA CITY-577 201.
4. MR. MUQTHIYAR PASHA @ MOQTHIAR PASHA S/O. ABDUL SUBHAN SAB, MAJOR, GOUSIYA MANZIL, WARD NO. 9, 8TH CROSS, BAPUJI NAGAR, (EARLIER ANGALAIAHNAKERE), SHIVAMOGGA CITY-577 201.
AND ALSO RESIDING AT NO.541, THEVARACHANAHALLI, NEAR CHURCH, SHANTHI NAGAR, MAJARE THEVARACHANALLI, SHIVAMOGGA DISTRICT-577 216.
5. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT – 577201.
... RESPONDENTS (BY SRI B.BALAKRISHNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 09.05.2019 PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, SHIVAMOGGA DISTRICT, IN PROCEEDINGS ON THE PETITON FILED BY THE R-1 U/S 14 OF THE SECURITISATION AND RE- CONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AS PER (ANNEXURE-D) AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Madhukar Nadig, learned counsel for the petitioner.
Sri.B.Balakrishna, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. Learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to file petition under Section 4 (17) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 within a period of four weeks.
3. Needless to state that if the petitioner files the application, the same shall be decided by the Tribunal on merits by extending the benefit of principles contained in Section 14 of the Limitation Act.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE GH