IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.7825-827 OF 2018 (GM-RES) BETWEEN:
1. SMT. R. DHANALAKSHMI W/O SRI S RAJENDRA, MAJOR, R/AT NO.84/5, BELLI RAMASWAMY LANE, 10TH MAIN ROAD, DEVANGA HOSTEL ROAD, SAMPANGIRAM NAGAR, BANGALORE-560027.
2. SRI S RAJENDRA MAJOR, R/AT NO.84/5, BELLI RAMASWAMY LANE, 10TH MAIN ROAD, DEVANGA HOSTEL ROAD, SAMPANGIRAM NAGAR, BANGALORE-560027.
3. LATE YASHODAMMA REPRESENTED BY HER LR AND GPA HOLDER PETITIONER NO.1 BANGALORE.
(By MR.HARSHA H M, ADV.) AND:
CENTRAL BANK OF INDIA REGIONAL OFFICE, SANTOSH CINEMA COMPLEX, KEMPEGOWDA ROAD, BENGALURU-560009.
(By MR.ESHWAR PRASAD, ADV. FOR C/R) - - -
… PETITIONERS … RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION NOTICES DATED 12.01.2018 UNDER ANNEXURE-H AND ANNEXURE-J ISSUED BY THE RESPONDENT BANK; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Harsha.H.M, learned counsel for the petitioners.
Mr.Eshwar Prasad, learned counsel for the respondent.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have assailed the validity of the notices dated 12.01.2018 and 07.07.2017 as per Annexures-H and J issued by the respondent – Bank.
4. When the matter was taken up today, learned counsel for the respondent submitted that the petitioners have an alternative and efficacious remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
5. In view of the aforesaid submissions, the petitions are disposed of with a liberty that in case the petitioners avail of the remedy provided to them under Section 17 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 principles contained under Section 14 of the Limitation Act, 1963, to the petitioners and shall decide the application. Till then, the interim order granted on 17.02.2018 shall continue provided that the petitioners have deposited `8,00,000/- as directed in the aforesaid interim order. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV