IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 13427/2019 (GM-RES) BETWEEN:
M. ROOPA RAM S/O MANGILAL, AGED ABOUT 48 YEARS, R/AT D.NO. 38, DEVARAMANI AGRAHARA FORT MOHALLA, MYSURU MYSURU DISTRICT - 570 004.
(BY SRI. LETHIF B, ADVOCATE) AND:
THE AUTHORIZED OFFICER AND CHIEF MANAGER, SYNDICATE BANK, M.M.J.C.BRANCH, MYSURU, MYSURU DISTRICT - 570 004.
…PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.3.2018 ISSUED BY THE RESPONDENT BANK WHICH IS PRODUCED AT ABOVE AS ANNEXURE-A AT ABOVE AND ALL FURTHER PROCEEDINGS THERETO AND DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION DATED 15.03.2019 PRODUCED AT ANNEXURE-B AS PER SECTION 13(3) OF THE ACT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned notice 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).
2. 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 liberty that in case the petitioner avail of the remedy provided to them 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 Snb/