IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.16346-16347/2017 (GM-RES) BETWEEN:
1. SMT.S.G.LEELAVATHI W/O.MR.GURURAJ.S AGED ABOUT 42 YEARS 2. MR.GURURAJ.S S/O. LATE SACTCHIDANANDA MURTHY AGED ABOUT 52 YEARS BOTH ARE R/AT NO.31, FIRST MAIN, MEENAKSHINAGAR KAMAKSHIPALYA BASAVESHWARANAGAR YASWANTHPURA HOBLI BENGALURU – 560 079 …PETITIONERS (BY SRI LOURDU MARIYAPPA.A, ADV. [ABSENT]) AND:
M/S. GRUH FINANCE LIMITED SRI.KANVA PRIDE”, NO.115/48 FIRST FLOOR, EAST END, ‘C’-MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE – 560 069 REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI B.S.MAHINDRA, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SYMBOLIC POSSESSION NOTICE DTD.27.3.2017, ISSUED BY THE RESPONDENT BANK HEREIN, PERTAINING TO THE SCHEDULE HOUSE, ISSUED BY THE RESPONDENT BANK, IN PERTAINING TO THE SCHEDULE HOUSE BEARING NO.KHASNESHUMARI SITE NO.3080:3025, MUNICIPAL NO.31, FIRST MAIN ROAD, MEENAKSHINAGAR, KAMAKSHIPALYA, BASAVESHWARANAGAR, YESHWANTHAPURA HOBLI, SANNEGURUVANAHALLI DHAKALE, BENGALURU – 79 AT ANNEX-A.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioners.
Sri.B.S.Mahindra, learned counsel for the respondent.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the impugned notice under Section 13(12) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioners have a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioners avail of the remedy provided to them under Section 17 of the Act within three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioners and shall decide the application.
With the aforesaid liberty, the petitions are disposed of.
In view of disposal of the main petitions, I.A.No.1/2019 does not survive for consideration. Hence, it is disposed of.
Sd/- JUDGE VM