IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.4491-4492 OF 2018 (GM-RES) BETWEEN:
SRI. IBRAHIM PROPRIETOR M/S. EXPERT FURNITURE AND INTERIORS #11-8-835/26, GROUND FLOOR MASCO PLAZA NEAR RAO & RAO CIRCLE MAIDAN, 4TH CROSS MANGALORE-575 001.
(By Mr. NATARAJA BALLAL, ADV.) AND:
CHIEF MANAGER & AUTHORIZED OFFICER ANDHRA BANK BEJAI CHURCH COMPLEX BEJAI, MANGALURU-575 004.
(By Mr. T.P. MUTHANNA, ADV., C/R) - - -
… PETITIONER … RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DTD 04.05.2017 AND 25.12.2017 ISSUED BY THE RESPONDENT VIDE ANNX-A, B AND B1. GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE NOTICE DTD 25.12.2017 VIDE ANNX-B AND B-1 AND ALL FURTHER PROCEEDINGS & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Nataraja Ballal, learned counsel for the petitioner.
Mr.T.P.Muthanna, learned counsel for caveator/ respondent.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
In these petitions under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned notices dated 04.05.2017 and 25.12.2017 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
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 Act. For the aforementioned reasons, the petitions are 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. Till then, the interim order shall continue.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE SS