IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.10317/2019 (GM-RES) BETWEEN:
SMT. REBEKAH ANTONEY, W/O P.D.ANTONEY, AGED ABOUT 52 YEARS, R/AT SITE NO.50 (OLD SITE NO.34), SNEHASADAN ROAD, VADERAHALLI, YELAHANAKA HOBLI, VIDYARANYAPURA POST, BANGALORE – 560 097.
AND:
…PETITIONER (BY SRI RAMACHANDRA G. BHAT, ADVOCATE) HOUSING AND URBAN DEVELOPMENT CORPORATION LTD., (GOVERNMENT OF INDIA ENTERPRISE), BANGALORE REGIONAL OFFICE, UNIT NO.703 & 704, NORTH BLOCK NO.47, MANIPAL CENTRE, DICKENSON ROAD, BANGALORE – 560 042.
REPRESENTED BY ITS AUTHORISED OFFICER AND AGM (LAW) BM, PRABHA UNNIKRISHNAN.
…RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO WITHDRAW OR TO KEEP IN ABEYANCE THE NOTICE DATED 11.02.2019, PRODUCED AT ANNEXURE – C TO THE W.P. ISSUED AGAINST THE PETITIONER, PENDING DISPOSAL OF RFA NO.992/2008, FILED BEFORE THIS HON’BLE COURT AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Ramachandra G. Bhat, the learned counsel for the petitioner.
Petition is admitted for hearing. With the consent of learned counsel for the petitioner, the same is heard finally.
2. In this petition, petitioner has assailed the validity of the action taken by respondent-Bank under Section 13(4)(a) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
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 Act.
4. Accordingly, 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 four 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.
Sd/- JUDGE MD