IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.22764-22765 OF 2018 (GM-RES) BETWEEN:
1. M/s.SA Rawther Spices Private Limited Represented by its Director Mr.Anish Mohammed Rawther S/o late Syed Mohammed Rawther 2. Mr.Anish Mohammed Rawther S/o late Syed Mohammed Rawther Aged 36 years Petitioners No.1 & 2 are At No.17, 2nd Floor, 4th Block Goraguntepalya Bengaluru – 560 022.
(By Sri. Markanda Shetty, Advocate) AND:
… Petitioners 1. M/s. Kotak Mahindra Bank Ltd., Agri Business Group Heera Paradise No.487, 1st Floor, 9th Main 4th Block, Jayanagar Bangalore – 560 011 Represented by its Authorised Officer 2. Mrs.Haseena Shaikh Thazathu W/o late Syed Mohammed Rawther Aged 58 years R/at No.167, 10th Cross RMV 2nd Stage Bengaluru – 560 046.
3. Mrs.Sharina Syed M D/o late Syed Mohammed Rawther Aged 31 years R/at No.192, 13th Cross 3rd Lane, Dollars Colony RMV 2nd Stage Bengaluru – 560 094.
… Respondents (By Sri. K.Rama Bhat, Advocate for R1 Smt. V.Veena Bhat, Advocate for R2 - absent) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the sale notice dated 24.04.2018 issued by R1 which is at Annexure-K and to award the costs of this petition and etc.
These Writ Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. Markanda Shetty, learned counsel for the petitioners.
Sri. K.Rama Bhat, learned counsel for respondent No.1.
Petitions are admitted for hearing. With the consent of the parties, the same is heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 24.04.2018 under Section 13(4) 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 petitioners submits that he be granted liberty to file an application under Section 17 of the Act.
4. In view of aforesaid submission, the Writ Petitions are disposed of with liberty to the petitioners to file an application under Section 17 of the Act, if so advised.
Accordingly, with the aforesaid liberty, the Writ Petitions are disposed of.
Sd/- JUDGE Prs*