IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.35438-35441 OF 2018 & WRIT PETITION NOS.35919-921/2018 (GM-RES) BETWEEN:
1. NAGARAJ S/O MUNISWAMY AGED ABOUT 37 YEARS RESIDING AT NO.123/1 1ST FLOOR, 1ST MAIN BEHIND GOVERNMENT SCHOOL KARIYANNA PALYA LINGARAJAPURAM BENGALURU – 560 084 2. MRS HELEN RAJUBAI SINCE DEAD BY HER LEGAL HEIR SAMUEL JACOB RAJAIAH AGED ABOUT 45 YEARS S/O CHRISTOPHER RAJENDRAN BHAGYANATHAN RESIDING AT NO.123/1 GROUND FLOOR, 1ST MAIN BEHIND GOVERNMENT SCHOOL KARIYANNA PALYA LINGARAJAPURAM BENGALURU – 560 084 3. RAMA S/O S NAGAPPA AGED ABOUT 63 YEARS RESIDING AT NO.123/1 1ST FLOOR, 1ST MAIN BEHIND GOVERNMENT SCHOOL KARIYANNA PALYA LINGARAJAPURAM BENGALURU – 560 084 4. RAGHAVENDRA S A S/O ANANDAPPA B N AGED ABOUT 34 YEARS RESIDING AT NO.123/1 1ST FLOOR, 1ST MAIN BEHIND GOVERNMENT SCHOOL KARIYANNA PALYA LINGARAJAPURAM BENGALURU – 560 084 5. MONIKA BISHWA W/O RAVI BISHWA AGED ABOUT 31 YEARS RESIDING AT NO.123/1 1ST FLOOR, 1ST MAIN BEHIND GOVERNMENT SCHOOL KARIYANNA PALYA LINGARAJAPURAM BENGALURU – 560 084 6. ANTONY SWAMY S/O LATE JOJAPPA AGED ABOUT 41 YEARS RESIDING AT NO.123/1 1ST FLOOR, 1ST MAIN BEHIND GOVERNMENT SCHOOL KARIYANNA PALYA LINGARAJAPURAM BENGALURU – 560 084 7. KAROLIN W/O MANOHARAN IMMANUEL AGED ABOUT 52 YEARS RESIDING AT NO.123/1 1ST FLOOR, 1ST MAIN BEHIND GOVERNMENT SCHOOL KARIYANNA PALYA LINGARAJAPURAM BENGALURU – 560 084 … PETITIONERS (BY SRI. PREM PRASAD SHETTY, ADVOCATE-ABSENT) AND:
1. AUTHORISED OFFICER INDIAN BANK NEW TIPPASANDRA BRANCH 622, 80 FEET ROAD, 12TH MAIN HAL, 2ND STAGE BENGALURU – 560 008 2. K MURUGAN S/O KANPATTU, AGED ABOUT 40 YEARS 3. SMT. PARVATHI W/O K MURUGAN AGED ABOUT 36 YEARS RESPONDENT NOS.2 AND 3 ARE R/AT NO.189, KSFC LAYOUT LINGARAJAPURAM BENGALURU – 560 084 … RESPONDENTS (BY SRI. KESHAVA BHAT A., ADVOCATE FOR R1;
V/O DATED 20.08.2018 PETITION STAND DISMISSED AS AGAINST RESPONDENT NOS.2 AND 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.02.2018 PASSED BY THE 11TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CRL.MISC.NO.50487/2017 WHICH IS PRODUCED HEREWITH AS ANNEXURE-A AND CONSEQUENTLY QUASH THE NOTICES DATED 15.06.2018 ISSUED BY THE RESPONDENT NO.1 PRODUCED AS ANNEXURE B1 TO B7 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioners.
Sri. Keshava Bhat A., learned counsel for respondent No.1.
Record perused.
2. In these petitions, petitioners have assailed the validity of the notices dated 15.06.2018 issued under the provisions 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 petitioners is to file an application under Section 17 of the Act.
4. Accordingly, these petitions are disposed of with liberty to the petitioners that in case they file 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, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-