IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51938 OF 2017 (GM-RES) BETWEEN:
SMT PARVATHI D/O LATE RAMALINGAM MURALIDHAR AGED ABOUT 59 YEARS NO.12, OLD NO.91/5 1ST CROSS, PILLAMMA BLOCK BBMP WARD NO.97, SRIRAMPURA BENGALURU-560021.
(By Mr. RAMU K.S. ADV.) AND:
M/S. SYNDICATE BANK WHITEFIELD BRANCH IMMADIHALLI MAIN ROAD VINAYAKA LAYOUT WHITEFIELD BANGALORE-560066 AUTHORISED OFFICER MR DHESINGH M.
(By Mr. RADHESH PRABHU K, ADV., C/R) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 3.7.2017 PASSED BY THE VII ADDL. CMM BENGALURU IN C. MISC. 4041/2017 VIDE ANNEX-A. AWARD COST OF THIS PETITION. GRANT AN INTERIM ORDER TO STAY OPERATION OF ORDER DATED 3.7.2017 PASSED BY THE VII ADDL. CMM BENGALURU IN C. MISC.NO.4041/17 AT ANNEX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Ramu K.S., learned counsel for the petitioner.
Mr.Radhesh Prabhu K., learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 03.07.2017 passed by the VII 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).
4. 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 appeal under Section 18 of the Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 18 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 petitioner and shall decide the application.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS