IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1659 OF 2019(GM-RES) BETWEEN:
SMT.PRIYA S.R W/O SRI. JOSEPH AGED ABOUT 39 YEARS, R/AT THOTEKKAT HOUSE, KAKLKEJAL, GANDHINAGARA, UJIRE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT – 574 240 … PETITIONER (BY SRI.B.R.SATENAHALLI, ADV. - ABSENT) AND:
1. THE UNION OF INDIA, DEPARTMENT OF EMPLOYMENT GENERATION, PALIAMENT HOUSE, NEW DELHI – 110 001.
2. THE CANARA BANK, COLLEGE ROAD, UJIRE, DAKSHINA KANNADA DIST – 574 240 BY ITS BRANCH MANAGER 3. THE KARNATAKA STATE KHADI & VILLAGE INDUSTRIAL BOARD, 2ND FLOOR, MANGALURU MAHANAGARA PALIKE, LALBAGH, MANGALURU – 575 003. BY ITS PRESIDENT.
… RESPONDENTS (BY SRI.S.ISMAIL ZABIULLA, ADV. FOR R1 - ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 NOT TO IMPLEMENT THE POSSESSION NOTICE DATED 11.12.2018 PUBLISHED IN THE NEWSPAPER CALLED ‘INDIAN EXPRESS’ MANGALORE DITION VIDE ANNEXURE-G AND GRANT SOME REASONABLE TIME TO THE PETITIONER TO ENABLE HER TO EARN AND PAY AS ENVISAGED IN THE SAID SCHEME AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.2 and 3.
2. Records perused for the purpose of admission. In this petition, the petitioner inter alia has assailed the validity of the possession notice dated 11.12.2018 issued 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).
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, I deem it appropriate to disposed of the writ petition 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. Ordered accordingly.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
dn/-
Sd/- JUDGE