IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.14737-14738 OF 2018 (GM-RES) BETWEEN:
1. SMT. R. LALITHA, AGED ABOUT 58 YEARS, W/O SRI. RAMAMURTHY;
2. SMT. GEETHA.V, AGED ABOUT 56 YEARS, W/O. SRI. VARADARAJ;
BOTH OF THEM PRESENTLY R/AT NO.25, 8TH CROSS, ‘G’ STREET, JOGUPALYA, ULSOOR, BANGALORE – 560 008.
(BY SRI S.VENKATESHWARAM, ADV. FOR SRI HARSHAVARDHAN G. REDDY, ADV.) AND:
… PETITIONERS 1. THE BANGALORE CITY CO-OPERATIVE BANK LTD, A.O NO.3, PAMPAMAHAKAVI ROAD, CHAMRAJPET, BANGALORE-560 018.
(REPTD. BY ITS AUTHORISED OFFICER) 2. MR. DEEPAK KUMAR. V, AGED ABOUT 32 YEARS, S/O SRI VENKATESH, R/OF NO.27/C, MARAPPA ROAD, ULSOOR, BANGALORE-560 008.
3 MR. V RAVICHANDER, AGED ABOUT 46 YEARS, S/O LATE SRI. R. VENKATESH, PRESENTLY R/AT NO.25, G.NO.8TH STREET, JOGUPALYA, ULSOOR, BANGALORE-560 008.
… RESPONDENTS (BY SRI K.NARAYANA, ADV. FOR R3 SRI K.V.LOKESH, ADV. FOR R1 R2 SERVED) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE DEMAND NOTICE DT.09.03.2018 PUBLISHED IN TH ENGLISH DAILY NEWS PAPER I.E., THE NEW INDIAN EXPRESS, PUBLIC NOTICE DATED 10.03.2018 ISSUED BY THE RESPONDENT NO.1 BANK (ANNEXURE-A) AS ILLEGAL, ABITRARY, ULTRA-VIRES AND UNSUSTAINABLE, AS AGAINST THESE PETITIONERS ARE CONCERNED AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. S.Venkateshwaran for Mr.Harshvardhan, Mr.G.Reddy, learned counsel for the petitioners.
Mr.K.V.Lokesh, learned counsel for the respondent No.1.
Mr.K.Narayana, learned counsel for the respondent No.3.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
In these petitions under Article 226 of the Constitution of India, the petitioners have assailed the validity of the impugned notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioners have a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons, 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 eight 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 shall continue.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE SS