IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31056 OF 2018 (GM-RES) BETWEEN:
SRI. GOGINENI DAMODARA RAMAKRISHNA S/O GOGINENI VENKATAPPA DAMODARA NAIDU, R/AT NO.1334, 26TH MAIN, 27TH CROSS, BANASHANKARI II STAGE, BENGALURU - 560 070 … PETITIONER (BY SRI. N. SURESHA, ADVOCATE-ABSENT) AND:
1. M/S HDFC BANK LTD OFFICE SITUTATED AT GOLDEN TOWERS, 3RD FLOOR, NEXT TO GOLDEN ENCLAVE, KODIHALLI, OLD AIRPORT ROAD, BENGALURU - 560 008 REPRESENTED BY THE AUTHORISED OFFICER 2. SMT G. K. PARIJATHA W/O GOGINENI DAMODARA RAMAKRISHNA DAMODARA NAIDU, R/AT NO.1334, 26TH MAIN, 27TH CROSS, BANASHANKARI II STAGE, BENGALURU - 560 070 3. KUM SONIKA KRISHNA G D/O GOGINENI DAMODARA RAMAKRISHNA DAMODARA NAIDU, R/AT NO.1334, 26TH MAIN, 27TH CROSS, BANASHANKARI II STAGE, BENGALURU - 560 070 … RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1; V/O DATED 10.09.2018 NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01.06.2018 IN C.MIS.NO.2670/2017 ON THE FILE OF III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BANGALORE IN ANNEXURE-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri. Francis Xavier, learned counsel for respondent No.1.
Record perused.
2. In this petition, petitioner inter alia seeks quashment of the order dated 01.06.2018 passed in C.Misc.No.2670/2017 on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru contained in Annexure-C passed 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 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 of the Act.
4. 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 three 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.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-