IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9883 OF 2019 (GM-RES) BETWEEN:
Smt.M.Muthulakshmi Aged about 63 years W/o late A.Muthuswamy Residing at No.62 Police Road, Ranasinghpet Bangalore-560 063 … Petitioner (By Sri.G.S.Srinivasa, Adv.) AND:
1. Smt.A.Kalarani Aged about 58 years W/o Sri.V.Angaswamy No.4, 2nd Cross, Mariswamy Mutt Lane Cottonpet, Bengaluru-560 053 2. Sri.V.Angaswamy Aged about 66 years S/o late Venkatachallam No.4, 2nd Cross, Mariswamy Mutt Lane Cottonpet, Bengaluru-560 053 3. Hanumanthanagar Co-Op Bank Ltd., No.7/29, 3rd Main, 1st Cross Hanumanthanagar Bengaluru-560 019 Rep. by its Manager Sri.D.G.Bore Gowda … Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct or writ in the nature of mandamus on the R-3 to stop all the proceedings against the schedule property immediately and etc.
This Petition coming on for order, this day, the Court made the following:-
ORDER Heard Sri G S Srinivasa, learned counsel for the petitioner on the question of admission.
2. In this petition, the petitioner has assailed the validity of the notice dated 20.11.2017 issued by the 3rd respondent – bank under Section 13(2) of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the ‘Áct’).
3. When the matter was taken up today, learned counsel for the petitioner submitted that possession has been taken by the respondent/bank after issuance of notice under Section 13(2) of the Act. He further submits that petitioner be granted liberty to file objection under Section 13(3) of the Act before respondent No.3 and aforesaid authority be directed to decide the objection to be filed by the petitioner.
4. In view of the aforesaid submission and in the facts of the case, petition is disposed of with liberty to the petitioner that in case Respondent No.3 – bank has not proceeded further after issuance of notice dated 20.11.2017, petitioner shall be at liberty to file objection to the aforesaid notice within a period of two weeks from the date of receipt of certified copy of the order passed today and thereupon, the respondent/bank shall proceed in the matter.
Needless to state that in case the petitioner is aggrieved by the order which may be passed by the respondent, he shall be at liberty to take recourse in such remedy as may be available to him under the Act.
With the aforesaid liberty, petition is disposed of.
Brn Sd/- JUDGE