IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9237 OF 2018 (GM-RES) BETWEEN:
SATISH GATTI S/O SANJEEVA GATTI AGED ABOUT 38 YEARS PATTORI KALAI HOUSE ASAIGOLI POST MANGALORE D.K. – 574 199. (By MS.KAVITHA.D, ADV.) AND:
…PETITIONER 1. SRI.BHAGVATHI CO-OPERATIVE BANK LIMITED MORGANSGATE, JEEPU MANGALURU – 575 001 REPRESENTED BY : THE GENERAL MANAGER.
2. THE BRANCH MANAGER SRI BHAGAVATHI CO-OPERATIVE BANK LIMITED KANKANADI BRANCH MANGALURU – 575 002.
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY MANGALURU SUB-DIVISION SAHAKARI MAHAL, MISSION STREET MANGALURU – 575 001.
4. THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETY MANGALURU SUB-DIVISION MANGALURU – 575 001.
5. THE TAHASILDAR KONAJE MANGALURU TALUK. D.K – 575 001.
6. THE SUB-REGISTRAR MANGALURU TALUK, D.K. – 575 001.
7. THE PANCHAYAT DEVELOPMENT OFFICER KONAGE GRAM PANCHAYAT MANGALURU, D.K. – 575 001.
(By MR.N.RAMACHANDRA, ADV. FOR R-1 & R-2 R-3 TO R-7 ARE SERVED) … RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 TO R-4 TO CONSIDER THE REPRESENTATIONS DATED: 15.02.2018 & 17.02.2018 RESPECTIVELY UNDER ANNEXURE-E AND F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms.Kavitha D., learned counsel for the petitioner.
Sri.N.Ramachandra, learned counsel for the respondent Nos.1 and 2.
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 Nos.1 to 4 to consider the representations dated 15.02.2018 and 17.02.2018 respectively under Annexures-E and F.
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 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 (hereinafter referred to as ‘the Act’ for short).
5. 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 petitioners and shall decide the application. Till then, the interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV