IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.57333 OF 2013 (GM-RES) BETWEEN:
MR SOVIT JAIN R S/O SRI RAJEEVA KUMAR JAIN AGED ABOUT 50 YEARS RESIDING AT NO.1-C SKYLARK APARTMENTS DEVAN RAMAN ROAD DR. ALAGAPPA ROAD CHENNAI – 600084 TAMIL NADU STATE.
(BY MR. B JAYAPRAKASH SHETTY, ADV. (ABSENT)) AND:
1. THE ASSETS RECONSTRUCTION COMPANY (INIDA) LTD., ARCIL OFFICE AT THE RUBY, 10TH FLOOR, NO.29, SENAPATHI BAPAT MARG, DADAR (WEST) MUMBAI-400028, BY ITS MANAGER.
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, BDA COMPLEX, KUMAR PARK, BANGALORE-560001.
… PETITIONER … RESPONDENTS (BY MR. VENKATESH DODDERI, ADV. FOR R1 (ABSENT) MR. A LOKNATH, ADV. FOR R2 (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS WHIC ULTIMATELY RESULTED IN AUCTIONING THE SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the parties.
2. In this petition the petitioner has challenged the validity of the public notice of sale published in the Delhi newspaper, Indian Express dated 13.11.2013 which was issued 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). A Bench of this Court had issued notices, however, had not passed an ad-interim order. Therefore, it appears that nothing survives for adjudication in this writ petition Needless to state that in case, the petitioner is aggrieved, he shall take recourse to such remedy available under Section 17 of the Act. 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 Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avail of the remedy provided to them under Section 17 of the Act within three 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 petitioner and shall decide the application.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS