IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8766 OF 2018 (GM - RES) Between:
Nanjundappa, S/o late Muniswamappa, Aged about 76 years, R/o Yeluvagulli Village, Tekal Hobli, Malur Taluk, Kolar District – 563 130.
(By Sri.Shivakumar K.B., Advocate) And:
1. The Regional Manager, Vijaya Bank, Regional Office – South, M.G.Road, Bengaluru – 560 025.
2. The Branch Manager, Vijaya Bank, Tekal Branch, Tekal Hobli, Malur Taluk – 563 130, Kolar District.
3. The Law Enforcement Officer/ the District Magistrate, ... Petitioner Kolar District, Kolar – 563 130.
... Respondents (By Sri.K.Chandrashekar Achar, Advocate for R1; Notice to R3 is held sufficient vide order dated 18.03.2019; R2 served and unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the orders passed by R-2 dated 16.11.2015 vide Annexure – C and etc., This Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri.Shivakumar K.B., learned counsel for the petitioner.
Sri.K.Chandrashekar Achare, learned counsel for respondent No.1.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner has assailed the validity of the action taken by respondent-Bank under Section 14(1) 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 he 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, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
5. Ad-interim order dated 23.02.2018 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order for a period of four weeks.
Sd/- JUDGE dn/-