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.22066 OF 2018 (GM - RES) BETWEEN:
Smt. N. Sudha, D/o K. N. Das, Aged about 49 years, Residing at No.544, 10 A Main Road, Behind A2B Hotel, 5th Block, Jayanagar, Bengaluru – 560 041.
(By Sri. R. Channakeshava, Adv.) AND:
1. Federal Bank, Asset Recovery Branch, No.4, 2nd Cross, CSI Compound, Mission Road, Bengaluru – 560 027.
Represented by his Authorized Officer.
2. Mrs. Geetha Surya Prakash, W/o Surya Prakash Narasimha, 3. Mr. Jayanth Surya Sailesh, S/o Surya Prakash Narasimha, … Petitioner Respondents No.2 and 3 are Residing at No.544, 1st Floor, 10th A Main, 38th Cross, 5th Block, Jayanagar, Bengaluru – 560 041.
… Respondents (By Sri. Vijaya Kumar V, Adv. for R1;
R2 and R3 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. R. Channakeshava, learned counsel for the petitioner.
Sri. Vijaya Kumar V., learned counsel for respondent No.1.
In this petition, petitioner inter alia has assailed the validity of the possession notice issued 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) read with Rule 8 of the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as ‘the Rules’ 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(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/-