IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs. 7841-7843 OF 2016 (GM-RES) BETWEEN:
MR.S.ARAVIND, S/O H.D. SRINIVASA MURTHY AGED ABOUT 48 YEARS R/AT NO.36, 8TH CROSS, J.C.NAGAR, MAHALAKSHMIPURAM BENGALURU-560086. ... PETITIONER (By Sri.RAMANANDA.A.D, ADVOCATE) AND:
1. STATE OF KARNATAKA HON’BLE MINISTRY OF PARLIAMENTARY AFFAIRS AND LAW R/BY ITS SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001.
2. THE COMMISIONER OF POLICE INFANTRY ROAD, BENGALURU-560001.
3. ICICI BANK LIMITED R/BY ITS MANAGING DIRECTOR #4/10, 1ST FLOOR, WEST WING, MYTREE CENTRE, HOSUR ROAD BENGALURU-560068. ... RESPONDENTS (By Sri.Y.D.HARSHA, AGA FOR R1 & R2;
Sri S. RAMAKRISHNAN, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE R-2 FOR REGISTERING THE COMPLAINT AGAINST THE R-3 VIDE ANNEXURE-A DATED 11.01.2016 AND DIRECT THE R-1 TO TAKE APPROPRIATE ACTION AS PER THE GUIDELINES ISSUED BY THE THREE BENCH JUDGMENT OF THE HON'BLE SUPREME COURT IN ALEQUE PADAMSEE VS. UNION OF INDIA REPORTED IN 2007 CRL.L.J. 3729, AND OTHER REPORTED CASES FOR NOT REGISTERING THE F.I.R., ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Ramananda.A.D., learned counsel for the petitioner.
Sri Y.D.Harsha, learned Additional Government Advocate for Respondents No.1 and 2.
Sri S.Ramakrishnan, learned counsel for Respondent No.3.
2. In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioner interalia has assailed the validity of the notice issued to him under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, hereinafter referred to as the ‘Act’).
3. The Bench of this Court by an order dated 30.01.2019 passed in W.P.No.6594 of 2018 has held that the person aggrieved should avail all the alternative remedies provided under Section 17 of the Act.
4. For the reasons assigned by Bench of this Court in the aforesaid order, the writ petitions are disposed of with liberty to the petitioner to approach the Debt Recovery Tribunal by filing an application under Section 17 of the Act before the D.R.T. within a period of four weeks from the date of receipt of certified copy of the order passed today. The D.R.T. shall deal with the application on merits by extending the benefit of Section 14 of the Limitation Act, 1963 to the petitioner.
It is made clear that the ad-interim order, if any, granted by this Court shall be extended, provided, the petitioner has complied with the terms and conditions mentioned in the order.
With the aforesaid directions, the writ petitions are disposed of.
Sd/- JUDGE dh