IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NO.17378 OF 2018(GM-RES) BETWEEN:
Mr. Raju Chilukuri S/o Nageshwar Rao Aged about 42 years R/at # 1922/94, 5th main Swamy Vivekananda Badavane Davanagere – 577 002 ... Petitioner (By Sri G.Vikram, Advocate) AND The Chief Manager and Authorized Officer Canara Bank PJ Extension Branch MMK Complex C.G.Hospital Road Davanagere – 577 002 ... Respondent (By Sri M.R.Shashidhar, Advocate) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the possession notice dated 13.12.2017 issued by the respondent under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 at Annexure-A and etc.
This petition coming on for hearing-interlocutory application this day, the Court made the following:-
ORDER This petition is filed by the borrower impugning the Possession Notice dated 13.12.2017 issued under the provisions of Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. The petitioner contends that the petitioner could not have maintained an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, against the order of taking symbolic possession and therefore, is entitled to maintain this writ petition challenging the Possession Notice, which is issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, to take symbolic possession.
3. It is settled that initiation of proceedings under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, including the proceedings for taking symbolic possession, would be amenable to the appellate jurisdiction under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4. In view of this, the writ petition can be disposed of reserving liberty to the petitioner, subject to all just exceptions, to impugn the annexure-A i.e., Possession Notice dated 13.12.2017 under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
The writ petition is accordingly disposed of.
The office is directed to return original documents, if filed by this petitioner, to the learned counsel for the petitioner.
SD/- JUDGE Kmv