IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32650 OF 2018 (GM-RES) BETWEEN:
SMT. SHUBHA W/O SIDDAGANGAPPA AGED ABOUT 39 YEARS HOUSEWIFE NO.57, HALEGEVADERAHALLI RAJARAJESHWARINAGAR BENGALURU-560098.
(By Mr. K.O. VIJAYAKUMAR, ADV., (ABSENT)) AND:
… PETITIONER 1. THE BENGALURU CITY CO-OPERATIVE BANK LTD., NO.3, PAMPAMAHAKAVI ROAD CHAMARAJPET, BENGALURU-560018 BY ITS PRESIDENT.
2. THE BENGALURU CITY CO-OPERATIVE BANK LTD NO.3., PAMPAMAHAKAVI ROAD CHAMARAJPET, BENGALURU 560018 BY ITS AUTHORISED OFFICER.
3. THE MANAGER THE BENGALURU CITY CO-OPERATIVE BANK LTD., 0009-PADMABHANAGARA NO.10-B/1, NEW NO.75 1ST FLOOR, KADIRENAHALLI SUBRAMANYAPURA MAIN ROAD BENGALURU 560070.
… RESPONDENTS (By Mr. K.V. LOKESH, ADV., FOR R2 R1 & R3 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DATED 12.7.2018 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-F. DIRECT THE RESPONDENTS TO GRANT A TIME TO THE PETITIONER TO PAY THE BALANCE EMI AMOUNT OF RS.5,00,000/- & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Mr.K.V.Lokesh, learned counsel for respondent No.2.
3. In this petition, the petitioner inter alia seeks quashment of the possession notice dated 12.07.2018 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4. In view of the law laid down by the Supreme Court in ‘UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110 the petitioner has to take recourse to the remedy provided under Section 17 of the Act. It is also pertinent to mention that the petitioner has not complied with the order dated 09.08.2018 passed by a Bench of this Court. Accordingly, the writ petition is disposed of with a liberty to the petitioner to take recourse to the remedy available under Section 17 of the Act. Needless to state that in case the petitioner files an application under Section 17 of the Act within a period of three weeks from today, the petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS