IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22068 OF 2018 (GM - RES) BETWEEN:
N. Subramanya, S/o Nagesh, Age 25 years, R/at No.469, 3rd Main Road, Shastri Nagar, Bengaluru – 560 028.
(By Sri. N. Suresha, Adv.) AND:
1. Federal Bank Limited, Represented by Authorized Officer, Sri. Mallikarjuna Nilaya, No.20/1, Ground Floor, Opp. B. S. Madharao Circle, Kanakapura Main Road, Basavanagudi, Bengaluru – 560 004.
2. Mr. Suresh Kumar B.A., S/o B. M. Aswathnarayanasetty, Age 53 years, R/at No.469, 2nd Floor, 3rd Main Shastrinagar, Bengaluru – 560 028.
… Petitioner 3. Smt.V.L.Kalpana, W/o Mr.Suresh Kumar B.A., Age 49 years, R/at No.469, 2nd Floor, 3rd Main Shastrinagar, Bengaluru – 560 028.
… Respondents (By Sri. Vijaya Kumar V, Adv. for R1;
R2 and 3 served and unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct R1 not to take physical possession of the writ petition scheduled properties and etc.
This Petition coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER Sri. N. Suresha, learned counsel for the petitioner.
Sri. Vijaya Kumar V., learned counsel for respondent No.1.
In this petition, petitioner inter alia seeks for a direction to respondent No.1 not to take physical possession of the writ petition scheduled property.
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(4A) of the Act.
3. Accordingly, writ 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 eight 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.
4. Ad-interim order dated 22.05.2018 granted by a bench of this Court, shall continue for a period of eight weeks from the date of receipt of certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE Mds/-