IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.44713/2016 (GM-RES) BETWEEN:
MR. SAJJAD ALI, AGED ABOUT 36 YEARS, S/O LATE S. A. KHAYAM, RESIDING AT NEW NO.6 (OLD NO.03), E NO.02 STREET, CIVIL STATION, BENGALURU-560 051. ... PETITIONER (BY SRI RAMESHCHANDRA, ADVOCATE) AND:
1. CENTRAL BANK OF INDIA, SECOND FLOOR ABOVE ADAYAR SWEETS, SANTHOSH CINEMA COMPLEX, K.G.ROAD, BENGALURU – 560009.
REPRESENTED BY ITS AUTHORISED OFFICER SHRI. P. SRINIVAS REDDY, S/O SRI. SHANKAR REDDY, AGED ABOUT 54 YEARS.
2. MR. SADIQ ALI, S/O LATE S. A. KHAYUM, AGED ABOUT 45 YEARS, PARTNER, M/S S. A. TRADERS, 5512B, OOSMAN KHAN ROAD, BENGALURU – 560002. ... RESPONDENTS (BY SRI R. S. RAJESH, ADVOCATE FOR R1, SRI MADHUKAR NADIG, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE AND QUASH ANNEX-A THE ORDER OF THE XI ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BANGALORE IN CRL. MISC.50051/2015 DATED 18.12.2015 DIRECTING THE TAKING OF POSSESSION OF THE PETITION SCHEDULE PREMISES AS ILLEGAL, VOID AND WITHOUT JURISDICTION AND NULLITY; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Rameshchandra, the learned counsel for the petitioner.
Sri R.S. Rajesh, the learned counsel for the respondent No.1.
Sri Madhukar Nadig, the learned counsel for the respondent No.2.
The petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for quashing the order dated 18.12.2015 passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru 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. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17 of the Act.
4. Accordingly, the petition is disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963. Till then, the interim order shall continue.
Sd/- JUDGE MD