IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.43444 OF 2016 (GM-RES) BETWEEN:
K MOHAMMED S/O RAMLAN AGED ABOUT 49 YEARS R/A NO.148 KOORNADAKA HOUSE KEMMINGE VILLAGE DARBE POST PUTTUR TALUK DAKSHINA KANNA DISTRICT-574202. … PETITIONER (By Mr. LETHIF B, ADV., (ABSENT)) AND:
AUTHORIZED OFFICER SINDICATE BANK PUTTUR BRANCH DAKSHINA KANNADA DISTRICT-574202. … RESPONDENT (By Mr. M R SHASHIDHAR, ADV.,) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the possession notice dated 05.08.2016 issued by respondent at Annex-A and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER None for the petitioner.
Sri.M.R.Shashidhar, learned counsel for the respondent.
2. In this petition, the petitioner has assailed the validity of the impugned notice under Section 13(2) of 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 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 Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails 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 petition is disposed of.
Sd/- JUDGE RV