IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12935 OF 2019 (GM-RES) BETWEEN:
Smt.Manohara M.C.
W/o late Chandrashekaraiah, Aged about 80 years, R/at No.22, New No.246, 14th Cross, Padmanabhanagar, Bengaluru – 560 070.
(By Sri.N.Sriram Reddy, Advocate) … Petitioner AND:
The Bangalore City Co-operative Bank Ltd., Office at: No.3, Pampamahakavi Road, Chamarajapet, Bengaluru – 560 018.
Represented by its Chief Manager/ Authorized Officer … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the public auction dated 21.02.2019 wherein stated that the schedule property will be put to public auction on 28.03.2019 at 10.00 a.m. in Annexure-B and etc.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri.N.Sriram Reddy, learned counsel for the petitioner.
In this petition, the petitioner has assailed the validity of the action taken by respondent-Bank 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 decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17 of the Act.
3. Accordingly, petition is disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE dn/-