IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40908 OF 2018 (GM-RES) BETWEEN:
SRI. ANBU ROSE. D S/O. DEVARAJ. D AGED ABOUT 57 YEARS R/AT NO. 73/1, 2ND MAIN ROAD, RAMACHANDRAPURAM BENGALURU-560 021.
(By Mr. M.Y. LOKESH, ADV.) AND:
THE BENGALURU CITY CO-OPERATIVE BANK LTD NO.3, PAMPA MAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560 018, REPRESENTED BY AUTHORISED OFFICER.
… PETITIONER (By Mr. K.V. LOKESH, ADV.,) - - -
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK NOT TO DISPOSSESS THE PETITIONER FROM THE SCHEDULE PROPERTY AS PER THE POSSESSION NOTICE DATED 27.8.2018 ISSUED BY THE RESPONDENT BANK AS PER ANNEXURE-A HOLDING THE SAME IS ILLEGAL & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.M.Y.Lokesha, learned counsel for the petitioner.
Sri.K.V.Lokesh, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order passed by the District Magistrate 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). In view of the order dated 30.01.2019 passed by this Court in W.P.No.6495/2018 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 avails of the remedy provided to him 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 principle 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