IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.47494/2016 (GM-RES) BETWEEN SRI K VENKATESH, S/O Y KRISHNAMURTHY RAO, AGED ABOUT 58 YEARS, R/AT NO.63/1, SRI RAGHAVENDRA COLONY, 5TH MAIN ROAD, CHAMRAJPET, BANGALORE-560018. ... PETITIONER (BY SMT. SANDHYA U.PRABHU, ADV.) AND THE AUTHORISED OFFICER, JANATHA CO-OPERATIVE BANK, MALLESHWARAM, BANGALORE - 560055. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE I ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE UNDER C.MISC.456/2006 UNDER SEC. 14 OF SARFAESI ACT DATED 09.04.2007 AT ANNEX-B ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.Sandhya U.Prabhu, learned counsel for the petitioner.
2. In this petition, the petitioner has assailed the validity of order dated 09.04.2007 Passed by the I Additional Chief Metropolitan 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. For the reasons assigned by this Court in order dated 30.01.2019 passed in W.P.No.6594/2018, the appropriate remedy for the petitioner is to approach the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short) by filing an application under Section 17 of the Act.
4. It is needless to state that in case the petitioner files an application before the Tribunal within a period of two weeks from the date of the receipt of the certified copy of the order passed today, the Tribunal shall consider the application, which may be submitted by the petitioner on merits by extending to him the benefit of principles contained under Section 14 of the Limitation Act, 1963.
With the aforesaid observations, the writ petition is disposed of.
Sd/- JUDGE VM CT:HR