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.50572/2016 (GM-RES) BETWEEN:
SRI. HARSHITH KUMAR. V S/O VASANTH KUMAR.R AGED ABOUT 29 YEARS, R/AT NO. 382, 19TH G MAIN ROAD, 1ST N BLOCK, RAJAJINAGAR, BANGALORE - 560 010.
... PETITIONER (BY SRI. YESHU MISHRA, ADV.) AND:
1. THE NATIONAL CO-OPERATIVE BANK LIMITED HAVING ITS ADMINISTRATIVE OFFICE AT 73/1, GANDHI BAZAR MAIN ROAD BANGALORE - 560 004 REP. BY ITS BRANCH MANAGER.
2. AUTHORIZED OFFICER THE NATIONAL CO-OPERATIVE BANK LIMITED HAVING ITS ADMINISTRATIVE OFFICE AT 73/1 GANDHI BAZAR MAIN ROAD BANGALORE - 560 004.
... RESPONDENTS (BY SMT. SHOBHA K R, ADV.-ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED BY R-2 DATED 17.05.2016 AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Yeshu Mishra, learned Counsel for the petitioner.
In this writ petition, the petitioner, inter alia has assailed the validity of the notice dated 17.05.2016 issued to the petitioner under Section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (‘SARFAESI Act’ for short).
2. By the aforesaid notice, the petitioner was called upon to deposit the sum mentioned in the notice and to submit a reply, failing which the petitioner was informed that action under Section 13(4) of the SARFAESI Act shall be initiated.
3. This writ petition is pending before this Court since 2016 in which no interim order has been passed. Therefore, the question of adjudicating the validity of the notice issued to the petitioner under Section 13(2) of the SARFAESI Act does not arise. The same has lost its efficacy by efflux of time. Hence, nothing survives for consideration in this petition.
Accordingly, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to the petitioner under the law.
Sd/- JUDGE ln.