IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5631 OF 2017 (GM-DRT) & WRIT PETITION NO.6447 OF 2017 BETWEEN:
Master R. Bhavan, Son of Sri. G. Raghavendra, Aged about 16 years, Minor represented by natural Guardian & next friend his father, Sri. G. Raghavendra, Son of late D. Gopalakrishnaiah, Aged about 40 years, Residing at No.740, 1st Floor, 12th Cross, 2nd Main, 3rd Stage, Gokulam, Mysuru - 570 002.
(By Sri. K. N. Puttegowda, Advocate) AND:
… Petitioner 1. Sri. Kanyakaparameshwari, Co-operative Bank Limited, Represented by its Authorised Officer, K. R. Circle Branch, Mysuru-570 001.
2. Smt. Indrani Alias Asha, Wife of Sri. G. Raghavendra, Aged about 36 years, Residing at No.740, Ground Floor, 12th Cross, 2nd Main, 3rd Stage, Gokulam, Mysuru-570 002.
… Respondents (By Sri. B. S. Mahendra, Advocate for C/R1;
Sri. Ramachandra Rama Naik, Advocate for R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the entire proceedings initiated by the first respondent against the R-2 under Section 13(4) and 14(1) of SARFAESI Act, 1956 in respect of property bearing No.740, 12th Cross, 2nd Main, 3rd Stage, Gokulam, Mysuru-570 002, as the same belongs to the minor petitioner vide Annexure-F dated 10.03.2015 and G dated 12.05.2015 and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. K. N. Puttegowda, learned counsel for the petitioner.
Sri. B. S. Mahendra, learned counsel for respondent No.1.
Sri. Ramachandra Rama Naik, learned counsel for respondent No.2.
Petitions are admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
2. In these petitions, petitioner inter alia seeks quashment of the proceedings initiated by respondent No.1 against respondent No.2 under Section 13(4) and 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. 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.
4. Accordingly, petitions are 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.
5. Till the petitioner files an application, ad-interim order dated 10.10.2017 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
Sd/- JUDGE Mds/-