IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9662 OF 2019 (GM-RES) BETWEEN:
SRI BABU G H S/O HAJARATHAIAH G AGED ABOUT 39 YEARS R/AT NO.594 4TH MAIN ROAD MUTHYALANAGARA BENGALURU-54 (By Mr. M Y LOKESHA, ADV.) AND:
1. SRI. P. ROSHAN S/O PARAMASHIVAIAH, AGED ABOUT 36 YEARS R/AT NO.48, 2ND MAIN ROAD, PALACE GUTTAHALLI, BENGALURU-560 003.
2. PUNJAB NATIONAL BANK NO.218, 9TH CROSS, 9TH MAIN, JP NAGAR, 2ND PHASE, BENGALURU-560078 REP BY AUTHORISED OFFICER.
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… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 BANK NOT TO DISPOSSESS THE PETITIONER FROM THE SCHEDULE PROPERTY AS OER THE NOTICE DATED 19.2.2019 ISSUED BY THE R-2 BANK AS PER ANNEXURE-C HOLDING THE SAME IS ILLEGAL AND ETC.
THIS 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.
2. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned notice 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).
3. 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