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.46141 OF 2018 (GM-DRT) BETWEEN:
M/s. Rock & Stones, A firm registered under Partnership Act, 1932, Represented by its Managing Partner- Mr.Karan Bindal, Having registered office at: 88/1, Hrapanahalli Village, Begur Main Road, Jigani Hobli, Anekal Taluk, Bengaluru – 562 106.
… Petitioner (By Sri.Anupam Agarwal, Advocate) AND:
1. M/s.Kotak Mahindra Bank, Represented by its Authorized Officer, Having its registered office at: 278KC, 327, G Block, Bandra Kurla complex, Bandra East, Mumbai – 400 051.
Having its Bengaluru Branch at: 10/7, 3rd Floor, Uniya Landmark, Lavelle Road, Bengaluru – 560 001.
2. M/s. Skyline Construction & Housing Pvt. Ltd., A company incorporated under the Companies Act, Having Office at:
No.11, Hayens Road, Bengaluru – 560 025.
Rep by Managing Director.
… Respondents This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to exercise the power under Article 226 and 227 of the Indian Constitution and quash the order passed by the Hon’ble Debts Recovery Tribunal at Bangalore on 30.07.2018 in SA No.240 of 2016 (TSA No.161 of 2017) vide Annexure-A and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri.Anupam Agarwal, learned counsel for the petitioner.
Learned counsel for the petitioner submits that after filing of the writ petition, the respondent-Bank has issued a fresh Sale Auction Notice by which, the property belonging to the petitioner is put to auction.
2. In view of the aforesaid submission, the writ petition is disposed of with liberty to the petitioner to make an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debts Recovery Tribunal.
3. Needless to state that, if such an application is filed by the petitioner within a period of four weeks from the date of receipt of the certified copy of the order passed today, as prayed by learned counsel for the petitioner, the Debts Recovery Tribunal shall deal with the same on merits in accordance with law by extending to him the benefit of principles contained under Section 14 of the Limitation Act, 1963.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
In view of the disposal of the main petition, all pending I.A.s stands dismissed.
Sd/- JUDGE dn/-