IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION Nos.11797-11798 OF 2018 (GM RES) BETWEEN:
Smt. Jayashree, W/o. Muniswamy Reddy, Age about 62 years, No.4, PID No.3/7, First Floor, Clarance House, Langford Road, Longford Town, Bengaluru-560 025.
… Petitioner (By Sri. Sharath Kumar Shetty, Advocate (absent)) AND:
1. Aadhar Housing Finance Ltd., No.180, “Amrutha” 2nd Floor, 5th Main, Jayanagar, 4th Block West, Facing Rose Garden Park, Bengaluru Karnataka-560 041 Represented by Authorized Officer 2. Mrs. Kathyani Y. P, W/o. Late Ramakrishna Setty, No.16, Prestige Magnum, Ejipura Main Road, Srinivagilu, Ejipura, Viveknagar Post, Bengaluru-560 047.
…Respondents (By Sri. Vinay G. H., Advocate (absent)) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned possession notice dated 16.02.2018 issued under Appendix IV, Rule 8(1) as per Annexure-C;
These Petitions coming on for Orders, this day, the Court made the following:-
ORDER None for the parties.
Record perused.
2. In these petitions, petitioner inter alia seeks for quashment of the impugned possession notice dated 16.02.2018 under 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 petitioner is to file an application under Section 17(4A) of the Act.
4. Accordingly, petitions are disposed of with a 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.
Sd/- JUDGE Mds/-