IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12805 OF 2015 (GM-RES) BETWEEN:
MR. S RAMAMURTHY S/O SRI SURYANARAYANA AGED ABOUT 29 YEARS NO.15/1 ITC COLONY 2ND MAIN JEEVANAHALLI BANGALORE-560005. … PETITIONER (By MR. R P SOMASHEKARAIAH, ADV.) AND:
THE BHAVASARA KSHATRIYA CO-OPERATIVE BANK LTD NO 63/67 24TH CROSS KILARI ROAD BANGALORE – 560053 REP BY ITS AUTHORISED OFFICER. … RESPONDENT (By Mr. SHAILESH S K, ADV.) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 4.7.2014 SUBMITTED BY THE PETITIONER IN ACCORDANCE WITH LAW VIDE ANN-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP OF THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.R.P.Somashekaraiah, learned counsel for the petitioner.
Sri.Shailesh S.K., learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondent to consider the representation dated 04.07.2014 submitted by the petitioner in accordance with law under Annexure-G.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has an alternative remedy of making an application before the Debts Recovery Tribunal.
5. 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 petitioner has a remedy of filing an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 17 of the Act within six 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 petitioner and shall decide the application. Till then, the interim order, if any, shall continue.
6. In view of the disposal of the writ petition, the pending interlocutory application does not survive for consideration and is accordingly disposed of.
Sd/- JUDGE RV