IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.7720 OF 2018 (GM-DRT) BETWEEN:
M/S Rural Artisans Craft Centre, Represented by its Sole Proprietor, Mr. Aboobacker Siddique Office at No.70-A, Old No.127, Santhaipettai Main Road, B.G. Road, Shevapet, Salem - 636 001 R/at No.349, 7th Cross, “C” Layout, Bannimantap, Mandi Mohalla, Mysuru - 560 015.
(By Sri. Abhilash Raju, Advocate for Sri. N. Suresha, Advocate) AND:
1. Karur Vysya Bank Ltd., No. 269-A, Bharathi Street, Swarnapuri, Alagapuram, Salem - 636 004 Represented by its Authorized Officer.
2. Mr. Muneer Ahmed, S/o Late M. A. Peer, ... Petitioner 3. Mrs. Noor Salima, W/o Mr. Muneer Ahmed, 4. Mr. Umar Farroq, S/o Mr. P. Muneer Ahmed, 5. Mr. Mohammed Haneef, S/o Mr. P. Muneer Ahmed, 6. Mr. Mohsin Ahamed, S/o Mr. P. Muneer Ahmed, 7. Mrs. Sairabi, W/o Mr. Umar Farroq, 8. Mrs. Nagian Banu, D/o Mr. Muneer Ahmed, The Respondent Nos.2 to 8 are R/at No.349, 7th Cross, “C” Layout, Bannimantap, Mandi Mohalla, Mysuru - 560 015.
9. M/s N. S. Associates, Mrs. Noor Salma, 151A, Belagola Industrial Area, Metagalli Village, Hasba Hobli, Mysuru - 570 015.
Represented by its Proprietrix.
...Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the orders of the Debt Recovery Tribunal in S.A.No.34/2018 is at Annexure-C and etc., This Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. Abhilash Raju, learned counsel for Sri. N. Suresha, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the validity of the order dated 06.01.2018 passed by the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short) under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. At the outset, learned counsel for the petitioner fairly submits that against the aforesaid order an appeal lies under Section 17(4A) of the Act and the petitioner be granted liberty to file an application under Section 17(4A) of the Act before the Tribunal within a period of four weeks from today.
4. In view of the aforesaid submission, writ petition is disposed of with liberty to the petitioner that in case he files an application under Section 17(4A) of the Act before the Tribunal within a period of four weeks from today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963 and shall decide the application preferred by the petitioner on merits.
Sd/- JUDGE Mds/-