IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40658 OF 2016 (GM-RES) BETWEEN:
RAMESH BABU CHETTY A S/O LATE A P RAMMAIAH CHETTY AGED ABOUT 61 YEARS RESIDING AT NO.2302 9TH MAIN D BLOCK 2ND STAGE RAJAJINAGAR, BANGALORE – 560010.
(By Mr. P KALLESH GOWDA, ADV.) AND:
THE MANAGER GRAIN MERCHANTS CO-OPERATIVE BANK LTD., NO.2 PAMPAMAHAKAVI ROAD CHAMARAJPET BANGALORE – 560018.
… PETITIONER … RESPONDENT (By Mr. J ARAVIND BABU ADV. FOR A.Y.N. GUPTA ADV.) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE PETITION, QUASH THE NOTICE DATED 14.0632016 ISSUED BY RESPONDENT BANK AT ANNEX-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.P.Kallesh Gowda, learned counsel for the petitioner.
Sri.J.Aravind Babu, learned counsel for Sri.A.Y.N. Gupta, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has assailed the validity of the notice dated 14.06.2016 issued to the petitioner 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. When the matter was taken up today, learned counsel for the petitioner submitted that being aggrieved by the notice dated 14.06.2016 the petitioner has filed a detailed objection to the aforesaid notice and the respondent is under an obligation under Section 13(3) of the Act to consider the aforesaid objections before proceeding further with the matter. The aforesaid position of law is not disputed by the learned counsel for the respondent-Bank.
5. In view of the submissions made and taking into account the provisions contained under Section 13(3) of the Act, the competent authority of the respondent-Bank is directed to consider the objections filed by the petitioner by a speaking order after affording an opportunity of hearing to the parties before proceeding further with the matter. Till the objections referred by the petitioner is decided, ad-interim order granted by a Bench of this Court shall continue. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS