IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 29214/2015 (GM-RES) BETWEEN:
SMT. PUSHPA SHETTY, W/O RAVISHA SHETTY, AGED 40 YEARS, RESIDING AT BARIMARU VILLAGE, BANTWAL TALUK, D.K. DISTRICT – 575 001. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, D.K. MANGALORE – 575 001.
2. THE STATE BANK OF INDIA, BANTWAL CROSS ROAD BRANCH, BANTWAL, D.K. – 575 001. REPRESENTED BY AUTHORIZED OFFICER. …RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R1;
SRI.RAGHAVENDRA G GAYATRI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.07.2015 PASSED BY THE R1 ANNEXURE – A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Sachin B.S., learned counsel for petitioner. Sri. Y. D. Harsha, learned Additional Government Advocate for respondent No.1 and Sri. Raghavendra G. Gayatri, learned counsel for respondent No.2.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner has assailed the validity of the action taken by respondent-Bank 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 she files an application before the Debts Recovery Tribunal within a period of four weeks from the date of receipt of certified copy of the order passed today, she shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
5. Till the petitioner files an application, ad-interim order dated 16.07.2015 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE VP