IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51740 OF 2015 (GM-RES) BETWEEN:
SRI B.M.CHINNE GOWDA S/O LATE MANJAPPA GOWDA AGED ABOUT 65 YEARS AGRICLTURIST, R/A BALIGE VILLAGE SUNKASALI POST, BALUR HOBLI MUDIGERE TALUK CHIKKAMAGALURU DISTRICT-577 101 … PETITIONER (BY SRI.B R SRINIVASA GOWDA, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2. DEPUTY GENERAL MANAGER CAUVERY GRAMINA BANK VIJAYANAGAR, CA SITE NO.20 2ND STAGE, MYSURU-570 017 3. THE ZONAL MANAGER CAUVERY GRAMINA BANK ZONAL OFFICE, CHIKKAMAGALURU CHIKKAMAGALURU-577 101 4. THE MANAGER CAUVERY GRAMINA BANK KOTTIGEHARA BRANCH MUDIGERE TALUK CHIKKAMAGALURU-577 101 … RESPONDENTS (BY SRI.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 SRI T P MUTHANNA, ADV. FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION AT VIDE ANNEXURE-E DATED:26.09.2015 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.B.R.Srinivasa Gowda, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent No.1.
Sri.T.D.Muthanna, learned counsel for the respondent Nos.2 to 4.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondent Nos.2 and 3 to consider the representation vide Annexure-E dated 26.09.2015.
4. 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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
5. 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 four 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. Till then, the interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV