IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.52010/2018 (GM-RES) BETWEEN:
SMT. PRABAGARAN ELAMATHY W/O LOGANATHAN PRABAGARAN AGED ABOUT 46 YEARS R/AT 26, OLD NO. 19/41 8TH CROSS, MANJUNATHANAGARA BEHIND PRASANNA THEATRE BENGALURU – 560023.
…PETITIONER (BY SRI. M.Y. LOKESHA, ADVOCATE- ABSENT) AND:
UNION BANK OF INDIA NAVARANG CIRCLE BRANCH NO.693, BEHIND SHANESHWARA TEMPLE ‘D’ BLOCK, 2ND STAGE, RAJAJINAGARA BENGALURU – 560010 REPRESENTED BY AUTHORISED OFFICER.
…RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE ORDER DATED 22.09.2018 PASSED BY THE 44TH ADDITIONAL METROPOLITAN MAGISTRATE AT BENGALURU, IN CRL. MISC. NO. 3305/2018 AS PER ANNEX-A HOLDING THE SAME IS ILLEGAL.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner. The writ petition is admitted for hearing. Perused the records.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 22.09.2018 passed by the 44th 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).
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 petitioner is to file an application under Section 17 of the Act.
4. Accordingly, 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 three 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.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE ca