IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.3956 OF 2018 & 4884 OF 2018 (GM-RES) BETWEEN:
1.MR. KANAKADHAK NASEER AHMED AGED 56 YEARS S/O K MOHAMMED IBRAHIM R/A DOOR NO.3/17-3 K M IBRAHIM COMPOUND RED BUILDING LANE KANKANADY MANGALURU-575002.
2.MRS RUHENA BEGUM AGED 42 YEARS D/O AHAMMED SATTHAR R/A DOOR NO.3/17-3 K M IBRAHIM COMPOUND RED BUILDING LANE KANKANADY MANGALURU-575002.
(By Mr. P P HEGDE, ADV.) AND:
H D B FINANCIAL SERVICES LTD., PROCES HOUSE 2ND FLOOR KAMALA MILLS COMPOUND SENAPATHI BHAPAT MARG OVER PARRELL MUMBAI-40013.
REP. BY ITS AUTHORIZED OFFICER. (By Mr. V B RAVISHANKAR, ADV.) … PETITIONERS … RESPONDENT - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DTD:28.11.2017 ISSUED BY THE RESPONDENT WHICH IS PRODUCED AT ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.P.P.Hegde, learned counsel for the petitioners.
Mr.V.B.Ravishankar, learned counsel for respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioners have challenged the impugned possession notice dated 28.11.2017 under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
4. 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