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. 28088/2015 (GM-RES) C/W WRIT PETITION NO. 27500/2015 (GM-RES) IN W.P. NO. 28088/2015: BETWEEN:
M S SANTHOSH AGED ABOUT 41 YEARS S/O LATE M N SHANTHARAJ NO.446/A, BUDDA MARGA, OPP DFRL, SIDDARTHANAGAR, MYSORE 570001 (BY SRI. NANDISH PATIL, ADVOCATE) AND:
1. THE CORPORATION BANK BY ITS GENERAL MANAGER, MANGALA DEVI TEMPLE ROAD, P B NO.88, MANGALORE 575001 2. THE GENERAL MANAGER CORPORATION BANK, ASHOKA ROAD, MAIN BRANCH, MYSORE 570001 3. MS M S ANITHA D/O LATE M N SHANTHARAJ, C/O M S SWAMY COFFEE PLANTER, R/A KAMANHALLI VILLAGE, …PETITIONER SAKALESHPURA TALUK, HASSAN DISTRICT 573201 4. MS M S SHRUTHI S/O LATE M N SHANTHARAJ, W/O PRASHANTH L NO.21, SIDDALINGESWARA NILAYA, III CROSS, L G HALLI, RMV II STAGE, BANGALORE 94 5. MS M S SHRUTHI S/O LATE M N SHANTHARAJ, W/O PRASHANTH, NO.128, BLACK BURN R O, GIEN WAVER LEX, VICTORIA 3150 AUSTRALIA …RESPONDENTS (BY SRI. V B RAVISHANKAR FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 25.6.2015 PASSED BY THE R-2 VIDE ANNEX-E.
IN W.P. NO. 27500/2015: BETWEEN:
M S SANTHOSH, AGED ABOUT 41 YEARS, S/O LATE M N SHANTHARAJ, NO.446/A, BUDDA MARGA, OPP DFRL, SIDDARTHANAGAR, MYSORE 560011 …PETITIONER (BY SRI. KIRAN J,ADVOCATE) AND:
1. THE STATE BANK OF INDIA BY ITS GENERAL MANAGER NO.65, SAINT MARKS ROAD BANGALORE 560001 2. THE MANAGER STATE BANK OF INDIA AKRUTI COMPLEX CH-29, III CROSS, 9TH MAIN SARASWATHIPURAM, MYSORE 570009 3. MS M S ANITHA D/O LATE M N SHANTHARAJ, C/O M S SWAMY COFFEE PLANTER, R/A KAMANAHALLI VILLAGE, SAKALESHPURA TALUK, HASSAN DISTRICT 573201 4. MS M S SHRUTHI S/O LATE M N SHANTHARAJ, W/O PRASHANTH L , NO.21, SIDDALINGESWARA NILAYA, III CROSS, L G HALLI, RMV II STAGE, BANGALORE 94 5. MS M S SHRUTHI S/O LATE M N SHANTHARAJ W/O PRASHANTH , NO.128, BLACK BURN R.O, GIEN WAVER LEX, VICTORIA 3150, AUSTRALIA.
…RESPONDENTS (BY M/S M NAGAPRASANNA & ASSOCIATES FOR R2;
R1 & 3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITTUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 24.06.2015 PASSED BY THE R-2 VIDE ANNEXURE-E AND DIRECT THE R-2 TO FIX THE LIABILITY OF DEBT ON R-3 & 4 AS WELL IN ACCORDANCE WITH LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Nandish Patil, learned counsel for the petitioner.
Mr.V.B.Ravishankar, learned counsel for the respondents.
The petitions are admitted for hearing and the same are heard finally.
2. The petitioners inter alia seeks for issuance of a Writ of Certiorari for quashing the impugned notice dated 25.06.2015 issued 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).
3. When the matters were taken up today, learned counsel for the petitioners submitted he be granted to file objection to the aforesaid notice within a period of two weeks from today and the competent authority to consider and dispose of the same in accordance with law.
4. In view of the submissions made and in the facts of the case, these petitions are disposed of with liberty to the petitioners to file objections under Section 13(3A) of the Act. It is needless to state that if the petitioners file their objections within two weeks from today, the competent authority shall consider and dispose of the objections by a speaking order within a period of three weeks from the date of receipt of representation/objections.
Interim order, if any, granted by this Court shall continue till the representations are disposed off.
It is made clear that this Court will not express any opinion on merits of the case.
The petitions are disposed of accordingly.
Sd/- JUDGE Snb/