IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 29710/2015 (GM-RES) BETWEEN SRI. JAYANNA H S/O. MALLAPPA, AGED ABOUT 70 YEARS, RESIDENT OF "BILWA"
5TH CROSS, ASHOKANAGAR, TUMKURU-572101.
(BY SRI. RAMESH K R, ADV.) AND 1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, TUMKURU DISTRICT TUMKURU-572 101.
2. THE ASSISTANT GENERAL MANAGER CANARA BANK, CIRCLE OFFICE, BENGALURU SUBURB, 3RD FLOOR, SPENCERS TOWERS, NO.86, M.G. ROAD, BENGALURU-560 001.
3. THE BRANCH MANAGER CANARA BANK KALLAMBELLA BRANCH, SIRA TALUK, TUMKURU DISTRICT-572 201.
... PETITIONER 4. THE TAHASILDAR TUMKUR TALUK, TUMKUR-572101.
5. H V GOVINDARAJA SETTY S/O G S VENKATACHALAPATHI SHETTY, R/O HULIYAR, CHIKKANAYAKANAHALLI, TUMKUR DISTRICT.
... RESPONDENTS (BY SRI. Y. D. HARSHA, AGA FOR R1 & R4 SRI. V. HARIDAS BHAT, ADV. FOR R2 & R3 SRI. A. MOHAMMED TAHIR, ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.25.7.2014 PASSED BY THE R-1 AT ANNX-C THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Ramesh K.R., learned counsel for the petitioner.
Sri. Y. D. Harsha, learned Additional Government Advocate for respondents 1 and 4. Sri. V. Haridas Bhat, learned counsel for respondents 2 and 3. Sri. A. Mohammed Tahir, learned counsel for respondent No.5.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner has assailed the validity of the order dated 25.07.2014 passed by the Deputy Commissioner and District Magistrate 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. Till the petitioner files an application, ad-interim order dated 22.07.2015 granted by a bench of this Court, shall continue.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE VP