IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7275 OF 2019(GM-RES) BETWEEN:
SMT.K.S.JAYALAKSHMAMMANNI W/O S.KUMAR AGED 44 YEARS DOOR NO.2635, 1ST CROSS R.P.ROAD EXTENSION NANJANAGUDU TOWN MYSORE DISTRICT – 571 301.
(By Mr.E.RAJAGOPALA, ADV.(ABSENT)) AND:
THE AUTHORIZED OFFICER STATE BANK OF INDIA NANJANAGUDU BRANCH OFFICE NANJANAGUDU TOWN MYSORE DISTRICT – 571 301.
… PETITIONER … RESPONDENT - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUSAH POSSESSION NOTICE DATED 26.02.2018 ISSUED BY THE RESPONDENT BANK AUTHORITIES TO THE PETITIONER VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR ORDERS HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
2. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order passed by the District Magistrate under Section 14 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 petitioners 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 principle contained under Section 14 of the Limitation Act, 1963 to the petitioners and shall decide the application.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS