IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 11876/2019 (GM-RES) BETWEEN:
MUJEEB AHMED SHARIEFF S/O A.R. SHERIFF AGED ABOUTT 61 YEARS #92, 6TH CROSS, DOLLARS COLONY BTM 2ND STAGE, B.G.ROAD BANGALORE-560076.
(By Sri. MAHESH.C.M, ADV. ) AND 1. PUNJAB NATIONAL BANK BRANCH OFFICE, HUDSON CIRCLE BENGALURU-560041 REP BY AUTHORISED OFFICER 2. PANJAB NATIONAL BANK BRANCH OFFICE, HUDSON CIRCLE BENGALURU-560041 REP BY CHIEF MANAGER 3. PANJAB NATIONAL BANK BRANCH OFFICE HUDSON CIRCLE BENGALURU-560041 REP BY ASSISTANT GENERAL MANAGER.
... PETITIONER ... RESPONDENTS (By Sri. MOHUMED SADIQH.B.A, ADV. ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED E-AUCTION NOTICE DATED 21.2.19 PUBLISHED IN THE NEW INDIAN EXPRESS, ENGLISH PAPER PUBLISHED ON 23.02.2019 ISSUED BY THE R-3 IN RESPECT OF PETITIONER PROPERTY, PRODUCED VIDE ANENXURE-A TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Mahesh.C.M, learned Counsel for the petitioner.
Mr. Mohumed Sadiqh.B.A, learned Counsel for the respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
In this writ petition, petitioner has challenged the validity of E-Auction notice dated 21.02.2019 issued under The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short).
2. Learned counsel for the petitioner fairly submitted that the petitioner be permitted to file an application under Section 17 of the SARFAESI Act’ before the Debts Recovery Tribunal.
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, the petition is disposed of with liberty to the petitioner that in case he makes an appropriate 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 ln.