IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.10654 OF 2017 (GM-RES) BETWEEN:
Sri.K.B.Anjanappa @ Anjinappa S/o Bande Muniswamappa Aged about 43 years Residing at No.45, Sri.Maruthi Prasanna Katha No.46/45, Sri.Maruthi Prasanna, Kyalasana Halli, Kothanur Post, K.R.Puram Hobli, Bangalore-560 077.
(By Sri. Madhukar Deshpande, Adv.) …PETITIONER AND:
1. M/s.Karnataka Bank Ltd., A Banking Company incorporated under the Indian Companies Act, 1913, Having its registered and head office at “Mahaveer Circle”, Kankanady, Mangalore – 575002.
It is true to suggest that Asset Recovery Management Branch at No.105, III Floor, Mohan Mansion, Kasturba Road, Bangalore – 560 001.
Represented by its Chief Manager Mr.Dathathreya M.N.
2. M/s.Sri.Chowdeshwari Concrete Blocks, Having its office at Survey No.2, Also at No.212, Hennur Main Road, Kannur Village, Bidarahalli Hobli, Bangalore – 560 049.
Represented by its proprietary Sri. M.Chandrashekar 2. Sri. Chandrashekar M. S/o Sri. Muniyappa Residing at Sy.no.2 (also at No.212) Hennur Main Road, Kannur Village, Bidarahalli Hobli, Bangalore- 560 049.
...RESPONDENTS (By Sri. Y.V.Parthasarathi, Adv. for R1, R2 & R3 - served & unrepresented) This Writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 28.10.2016 of the Hon’ble X Addl. Metropolitan Magistrate at Bangalore in C.Misc.50266/2015 at Annexure-C.
This Writ Petition coming on for Preliminary Hearing ‘B’ Group this day, the Court made the following:-
ORDER Sri. Madhukar Deshpande, learned counsel for the Petitioner.
Sri.Y.V.Parthasarathi, learned counsel for Respondent No.1- Bank.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner has assailed the validity of the order dated 28.10.2016 passed by the X Addl.C.M.M., Bengaluru, under Section 14 of the Securitization 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 four 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 14.03.2017 granted by a Bench of this Court shall continue, provided the petitioner has complied with the conditions prescribed in the order.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE Srl.