IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36317 OF 2019 (GM-RES) BETWEEN:
SMT. N. KALPANA, W/O SRI ANAND, AGED ABOUT 42 YEARS, RESIDING AT HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT, BENGALURU – 561 203.
(BY SRI SANJAY KRISHNA V., ADV.) AND:
1. THE AUTHORIZED OFFICER, BANK OF INDIA, BANGALORE MAIN BRANCH, NO.11, K.G. ROAD, BENGALURU – 560 009.
2. THE CHIEF MANAGER, BANK OF INDIA, BANGALORE MAIN BRANCH, NO.11, K.G. ROAD, BENGALURU – 560 009.
3. THE DEBTS RECOVERY TRIBUNAL, NO.4, HAYES ROAD, SHANTHALA NAGAR, RICHMOND TOWN, BENGALURU – 560 025.
... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE UNDER ANNEXURE-A DATED 01.08.2019 UNDER SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AND RULES FRAMED THEREUNDER ISSUED BY THE RESPONDENTS ADDRESSED TO THE PETITIONER, THREATENING TO AUCTION THE PROPERTIES MENTIONED IN THE SAID IMPUGNED SALE NOTICE ON 20.08.2019 AT 11.00 AM TO 12.00.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner has prayed for the following relief:
Issue a writ, order or direction in the nature of writ of certiorari to quash the sale notice under Annexure-A bearing No.BZO/ARD/SaleNotice/2019- 20/208, daed 01.08.2019 under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules framed thereunder issued by the respondents addressed to the petitioner, threatening to auction the properties mentioned in the said impugned sale notice on 20.08.2019 at 11.00 a.m. to 12.00 noon.
2. 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 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act' for short). For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to her under Section 17 of the Act within three 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.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS