IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29836 OF 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 – 570004 (BY MR. LETHIF B, ADV.) AND:
1. THE AUTHORIZED OFFICER & CHIEF MANAGER SYNDICATE BANK MMJC BRANCH MYSURU – 577201 MYSURU DISTRICT 2. THE DEPUTY COMMISSIONER AND EXECUTIVE MAGISTRATE MYSORE DISTRICT MYSORE - 577201 … PETITIONER RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:25.05.2019 PASSED BY THE R-2 WHICH IS PRODUCED AT ABOVE AS ANNX-‘A’ AT ABOVE AND ALL FURTHER PROCEEDINGS THERETO AND ETC THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Lethif B., learned counsel for the petitioner. Heard.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) To call for records .
(b) Issue writ or order or certiorari by quashing the order dated 25.05.2019 vide No.MAG(3)Misc/180/2019 passed by the 2nd respondent which is produced at above as Annexure-A at above and all further proceedings thereto, in the interest of justice.
(c) issue writ or order or direction to the respondent as further relief as deems fit in the circumstances of the case, in the interest of justice and equity.
3. When the matter was taken up today, learned counsel for the petitioner submitted that he be granted liberty to file an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debt Recovery Tribunal.
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 petitioner avails of the remedy provided to him under Section 17 of the Act within two 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 petitioner and shall decide the application.
With the aforesaid liberty, the petition are disposed of.
Sd/- JUDGE SS