IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.11128/2019 (GM-RES) BETWEEN:
SMT. RAMAKKA, W/O SRI LATE CHIKKABYRAPPA, AGED ABOUT 84 YEARS, 26/1, 3RD CROSS, SARAKI GARDEN, J P NAGAR, 6TH PHASE, BANGALORE-560 078. … PETITIONER (BY SRI J. PRAKASH, ADVOCATE - ABSENT) AND:
THE SHAMRAO VITHAL CO OPERATIVE BANK LTD., NO.1, CENTRAL BANK ROAD, CHAMARAJPET, BANGALORE-560 018, REPRESENTED BY ITS AUTHORISED OFFICER SRI SARATHY SOMAIAH.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28.02.2018 PASSED BY THE FIRST ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE, IN C.MISC.NO.2371/2018 VIDE ANNX-G AND TO QUASH ANNEXURE-H, THE NOTICE DTD 01.03.2019 OF THE RESPONDENT.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
Perused the records.
2. In this petition, the petitioner inter alia seeks for the following reliefs:
(i) Set aside the order dated 28.02.2018 passed by the First Additional Chief Metropolitan Magistrate, Bangalore, in C.Misc.No. 2371/2018 under Annexure-G;
(ii) issue a writ/order/direction in the nature of certiorari quashing Annexure-H, the notice bearing No.SVC/BNGL/L&R/216/2018-19 dated 01.03.2019 of the respondent.
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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4. Accordingly, the 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 three 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. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, writ petition is disposed of.
Sd/- JUDGE MD