IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47615 OF 2018 (GM-RES) BETWEEN:
Punjab National Bank, A body Corporate Constituted under Banking Companies (Acquisition & Transfer of Undertakings) Act 1970, Having its Head office at Plot No.4, Sector 10,Dwaraka, New Delhi – 110 075.
And among other places Having its Bangalore City Branch At: 1st Floor, Vokkaligara Sangha Building, Hudson Circle, Bangalore – 560 027. Represented herein by One of its Authorized Officer and Chief Manager – Mr. D. Edwin Jaya Raj, Aged about 57 years, S/o V. Devadasan.
… Petitioner (By Sri. Mohumed Sadiqh B.A., Advocate - Absent) AND:
1. The State of Karnataka, Revenue Department, Vidhana Soudha, Bangalore.
Represented by Principal Secretary.
2. The Hon’ble Magistrate, 9th Additional Chief Metropolitan Magistrate, Nrupathunga Road, Magistrate Court Complex, Bangalore.
3. M/s. Madan Enterprises, Represented by its Proprietor, Mr.Madan Lal, S/o Sesharam, Aged about 43 years, Shop No.2 & 3, No.37, Sapthagiri Complex, Arcot Sreenivasachar Street, Chickpet, Bangalore – 560053.
Also at Municipal No.181/42, 3rd Floor, Constructed on Property Bearing Municipal No.181, RK Complex, Arcot Sreenivasachar Street, Bangalore.
4. Mr. Madan Lal, Aged about 43 years, S/o Sesharam, Residing at No.55, 2nd Floor, 2nd Cross, GB Galli, Cottonpet, Bangalore – 560 053.
… Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent No.2 to take appropriate steps for disposal of the application Cr.Mis.No.2235/2018, pending before 9th ACMM Bangalore, filed by the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and enforcement of security interest Act, 2002 preferably within a time to be fixed by this Hon’ble Court.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. Mohumed Sadiqh B. A., learned counsel for the petitioner.
In this petition, the petitioner inter alia has prayed for a direction to respondent No.2 to take appropriate steps for disposal of the application pending before it 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. On perusal of the averments made in the petition, I deem it appropriate to dispose of the writ petition with a direction that in case the proceedings under Section 14 of the Act are still pending before respondent No.2, the aforesaid authority shall take steps to decide the application in accordance with law preferably within a period of three weeks from the date of receipt of certified copy of the order passed today. Ordered accordingly.
3. 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/-