IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.41298 OF 2015 (GM - RES) BETWEEN:
K. S. Lakshminarayan, Aged 62 years, S/o late K. Suryanarayanappa, Residing at No.7, 1st Floor, Ramaiah Compound, 5th A Cross, Nagappa Street, P. G. Halli, Bengaluru – 560 003.
… Petitioner (By Sri. Ravishankar D.R., Advocate - Absent) AND:
1. Recovery Officer, Debts Recovery Tribunal, Krishi Bhavan, Hudson Circle, Bengaluru – 560 001.
2. Vijaya Bank, Mysuru Road Branch, No.152, 2nd Main, 7th Cross, Chamarajpet, Bengaluru – 560 018.
3. K. Ramesh, Aged 43 years, S/o late Kannapa, Residing at No.7, Ramaiah Compound, 5th A Cross, Nagappa Street, P. G. Halli, Bengaluru – 560 003.
… Respondents (By Sri. K. V. Lokesh, Advocate for Sri. S. R. Murthy, Advocate for R2; R3 served and unrepresented;
Notice to R1 is dispensed with vide order dated 03.03.2016) This Writ Petition is filed under Article 226 of the Constitution of India praying to declare that the R1 and R2 are not entitled to dispossess the petitioner who is a bonafide tenant in respect of property in the schedule either under the provisions of the SARFAESI Act or under the II Schedule to the Income Tax Act 1961 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. K. V. Lokesh, learned counsel for Sri. S.R. Murthy, learned counsel for respondent No.2.
In this petition, petitioner inter alia has assailed the validity of the possession notice issued by respondent-Bank 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).
2. 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.
3. 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 six 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.
4. Till the petitioner files an application, ad-interim order dated 26.09.2015 granted by a bench of this Court, shall continue.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
In view of disposal of the main petition, pending interlocutory application does not survive for consideration. Accordingly, disposed of.
With the aforesaid liberty petition is disposed of.
Sd/- JUDGE Mds/-