IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.53121-53123 OF 2018 (GM-RES) BETWEEN:
1. SRI. K.N. KRISHNA AGE 34 YEARS S/O LATE SRI K N NARAYANA R/AT NO.79, M S BUILDING POTTERY ROAD, FRAZER TOWN BANGALORE-560005.
2. MRS. SHAHEEN TAJ S/O KHADER SHARIFF AGED ABOUT 42 YEARS R/AT NO.15, 1ST MAIN ROAD CHINAPPA GARDEN BENSON TOWN POST BANGALORE-560046.
3. SANOOBER BEGUM W/O ARIEF PASHA AGED ABOUT 34 YEARS R/AT NO.29/2, 1ST MAIN ROAD VASANTH NAGAR BANGALORE-560037.
(BY MR. MOHAMMED TAHIR, ADV.) AND:
… PETITIONERS 1. THE BHARATHI CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS AUTHORIZED OFFICER SRI B THULASIDHARA S/O SRI BEERAPPA AGED ABOUT 58 YEARS NO.30, 15TH CROSS, 3RD BLOCK JAYANAGAR, BANGALORE-560011.
2. MRS. ANITHA NIRMALA AGE : MAJIOR R/O NO.02, 4TH CROSS 1ST MAIN, CHINNAPPA GARDEN BENSON TOWN, BANGALORE-46.
(BY MR. B.S. MAHENDRA, ADV., FOR R1 … RESPONDENTS MR. MOHAMMED THOUHEED, ADV., FOR R2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-1 BANK TO ACCEPT PETITIONERS OFFER OF PURCHASE OF SUIT SCHEDULED PROPERTY WITHOUT INITIATING AUCTION SALE PROCEEDIGNS & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Mohammed Tahir, learned counsel for the petitioner.
Mr.B.S.Mahendra, learned counsel for respondent No.1.
Mr.Mohammed Thouheed, learned counsel for respondent No.2.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
In this petition under Article 226 of the Constitution of India, the petitioners have assailed the validity of the impugned notice 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).
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 petitioners have a remedy of filing an application under Section 17(4A) of the Act. For the aforementioned reasons, the petitions are disposed of with a liberty that in case the petitioners avail of the remedy provided to them under Section 17(4A) 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 petitioners and shall decide the application.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE SS