IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40008 OF 2016 (GM-RES) Between:
M/s. Maa Durga Enterprises By Proprietor, Mr. Narendra Kumar Agarwal S/o Madanlal Agarwal No.19, Sri Krishna Kunj, Hesaraghatta Road, 3rd Main, Defence Colony, Havanour Extension, Bengaluru North, Nagasandra, Bengaluru-560 073.
(By Sri. Markandasetty, Advocate, for Sri. R. Channakeshava, Advocate,) And:
... Petitioner 1. State Bank of India, Hindupur Industrial Estate Branch, Ananthapur District, Andhra Pradesh – 515 201. Authorized Officer.
2. Sri. M/s. Dasmesh Engineers Prop. Sri. Dalbir Singh Randhawa S/o Mohindr Singh Age: 59 years R/at Plot No.56, Rajgopal Nagar, Near Maruthi Theatre, Opp., R.V. English High School, Peenya 2nd Stage, Bengaluru-560 058 ... Respondents (R2- Served) This writ petition is filed under Article 226 of the Constitution of India praying to direct R-1 not to take physical possession of the writ petition schedule properties.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER
petitioner seeks leave of this Court to withdraw the writ petition with a liberty to file an application under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
In view of the aforesaid submission, writ petition is disposed of with a liberty to the petitioner that in case he files an application under Section 17(4A) of the Act within a period of four weeks from today, he shall be entitled to the benefit of the principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE Mds/-