IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54022 OF 2017 (GM-RES) BETWEEN:
MR. MAHENDRAN R S/O. LATE RAJASHEKARAN D AGE 37 YEARS OLD NO. 267, NEW BMP NO.22 CHINTAMANI COTTAGE MUNI BYRAPPA MAIN ROAD OLD BYAPPAHALLI BENGALURU 560033.
(By Mr. N. SURESHA, ADV.) AND:
1. INDIA BULLS HOUSING FINANCE LTD NO.116, FIRST FLOOR KRISHNA ARCADE BETWEEN 11 AND 12 CROSS MARGOSA MAIN ROAD MALLESWARAM, BENGLAURLU 560003. REP BY ITS AUTHORIZED OFFICER M B CHENGAPPA.
2. MRS. LAVANYA D W/O MAHENDRAN R AGE 30 YEARS OLD NO. 267, NEW BMP NO.22 CHINTAMANI COTTAGE MUNI BYRAPPA MAIN ROAD OLD BYAPPAHALLI, BENGALURU 560033.
… PETITIONER (By Mr. FRANCIS XAVIER, ADV., FOR C/R1 R2 SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:24.10.2017 IN C.MIS NO.50384/2017 ON THE FILE OF THE 43RD ACMM BANGALORE IN ANNEXURE-B. DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION THE PETITION SCHEDULE PROPERTY & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.N.Suresha, learned counsel for the petitioner.
Mr.Francis Xavier, learned counsel for caveator/respondent No.1.
3. In this petition under Article 226 of the Constitution of India, the petitioner have assailed the validity of the order passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
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 eight 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 petitioners and shall decide the application.
Interim order granted on earlier occasion to be continue till the next date of hearing.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS