IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22374/2015 (GM-RES) BETWEEN:
SMT.SHYLAJA H.T. W/O KRISHNAPPA, AGED ABOUT 50 YEARS, R/AT NO.334, KSRTC LAYOUT, NEAR JUNIOR COLLEGE, JAKKASANDRA ROAD, NELAMANGALA, BANGALORE-562 123. ... PETITIONER (BY SRI.R.P. SOMASHEKHARAIAH, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE-560 001.
2. THE TAHASILDAR, NELAMANGALA TALUK, NELAMANGALA, BANGALORE RURAL DISTRICT, BANGALORE-562 123.
3. THE SUB-INSPECTOR OF POLICE, NELAMANGALA POLICE STATION, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, BANGALORE-562 123.
4. M/S CORPORATION BANK, MAGADI ROAD BRANCH, NO.70, ANJANA NAGAR, MAGADI MAIN ROAD, VISHWANEEDAM POST, BANGALORE-560 091.
REPRESENTED BY ASSISTANT GENERAL MANAGER. ... RESPONDENTS (BY SRI.SHIVASHANKARA A, ADVOCATE FOR C/R4; SRI.Y.D. HARSHA, AGA FOR R1 TO R3;
SRI.R.S. RAJESH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 14.01.2015 PASSED BY R-1 DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE UNDER ANNX-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.R.P.Somashekharaiah, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for Respondent Nos.1 to 3;
Sri.R.S.Rajesh, learned counsel for Respondent No.4.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, petitioner has assailed the validity of the action taken by respondent No.1 under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) read with Rule 8 of the Security Interest (enforcement) Rules, 2002.
4. 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.
5. Accordingly, 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 four 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.
6. Till the petitioner files an application, status quo order dated 01.06.2015 granted by a bench of this Court, shall continue.
It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE cbc