IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40053 OF 2016 (GM-RES) BETWEEN:
SRI BASAVARAJ S/O BUDDERANNA AGED ABOUT 39 YEARS R/A BADAVANAHALLI VILLAGE K P HALLI ROAD DODDERI HOBLI MADHUGIRI-572132 TUMKUR DISTRICT. … PETITIONER (By Mr. NANJA REDDY P N., ADV.) AND:
1. STATE BANK OF MYSORE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT DIVISION HEAD OFFICE: K G ROAD BENGALURU-560009.
2. THE AUTHORIZED OFFICER & CHIEF MANAGER STATE BANK OF MYSORE REGIONAL OFFICE-III CHURCH ROAD TUMAKURU-572101.
3. THE BRANCH MANAGER STATE BANK OF MYSORE BADAVANAHALLI BRNACH MADHUGIRI-572132 TUMAKURU DISTRICT. … RESPONDENTS (By Mr. CHITTAPPA ADV., FOR R1 TO R3 (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE E-AUCTION NOTICE ADATED 23.06.2016 IN RESPECT OF HOUSE PROPERTY BEARING KHATA NO.1361/24/1B/33 SY.NO.24/1B MEASURING 30 * 40 FEET OF BADAVANAHALLI VILLAGE, MADHUGIRI TALUK, TUMKUR DISTRICT ANNEX-E AS THE SAME IS ILLEGALL, ARBITARY AND IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE; AND ETC., 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 under Articles 226 of the Constitution of India, the petitioner has assailed the validity of the e-auction sale notice dated 23.06.2016 issued under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. For the reasons assigned in 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