IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5991 OF 2018 (GM-RES) BETWEEN:
SRI. ARUN KUMAR H M S/O S.D.MARIYAPPA, R/AT NO.21/A, 1ST FLOOR, HANUMAN LAYOUT, LAKESHORE GARDEN, THINDLU, VIDYARANYAPURA POST, BANGALORE-97 … PETITIONER (BY SRI.N.SURESHA, ADV.) AND:
1. CANARA BANK BAGALUR BRANCH, BANGALORE-562149 REPRESENTED BY ITS AUTHORISED OFFICER 2. MR. PRASHANTH H P S/O PUTTASWAMY H D AGED ABOUT 44 YEARS R/AT NO.21/A, 1ST FLOOR, HANUMAN LAYOUT, LAKESHORE GARDEN, THINDLU, VIDYARANYAPURA POST, BANGALORE-97 … RESPONDENTS (BY SMT.SOHANI HOLLA, ADV. FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, petitioner has assailed the validity of possession notice by respondent-Bank 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).
2. 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(4A) of the Act.
3. 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 eight 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.
4. Ad-interim order, if any, shall continue for a period of eight weeks from the date of receipt of the certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-