IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38630 OF 2017 AND WRIT PETITION NO.40234 OF 2017 (GM-RES) BETWEEN:
NISSAR FAROOQ AHAMED S/O. LATE NISAR AHMED, AGED ABOUT 42 YEARS, RESIDING AT NO.893, 1ST FLOOR, H.B.R LAYOUT, 1ST STAGE, 2ND BLOCK, 19TH CROSS, BENGALURU - 560 085.
(BY SRI. N. SURESHA, ADV.) AND:
1. BANK OF BARODA FRAZER TOWN BRANCH, NO.48, HAINES ROAD, FRAZER TOWN, BENGALURU-560 005, REPRESENTED BY ITS AUTHORIZED OFFICER.
2. MRS. REKHA. M RESIDING AT NO.893, 8TH MAIN ROAD, 18TH CROSS, 1ST STAGE, 2ND BLOCK, OFF, NAGAWARA MAIN ROAD, HBR LAYOUT, BENGALURU-560 043.
… PETITIONER … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. N. Suresha, learned counsel for the petitioner.
In these petitions, petitioner inter alia has assailed the validity of the order dated 26.04.2017 passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ 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 petitions are disposed of with a 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. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petitions are disposed of.
Sd/- JUDGE Mds/-