IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.55320 OF 2018 (GM-RES) BETWEEN:
Sri. M. Gopinath, S/o late Sri. Munirathnam Naidu, Aged about 54 years, R/at No.140, 6th Main, 4th Block, Rajajinagar, Bengaluru – 560 010.
(By Sri. Arjunvarma K., Advocate) AND:
1. The Chairman, The Bengaluru City Co-operative Bank Limited, No.3, Pampa Mahakavi Road, Chamarajapete Bengaluru – 560 018.
2. The Deputy General Manager, The Bengaluru City Co-operative Bank Limited, No.3, Pampa Mahakavi Road, Chamarajapete Bengaluru – 560 018.
3. The Sales Officer, The Bengaluru City Co-operative Bank Limited, No.3, Pampa Mahakavi Road, … Petitioner Chamarajapete Bengaluru – 560 018.
… Respondents (By Sri. Lokesh K.V., Advocate for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the sale notice issued on 22.10.2018 issued by the respondent (Annexure-M) and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. Arjunvarma K., learned counsel for the petitioner.
Sri. Lokesh K. V., learned counsel for respondent No.1.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.2 and 3.
2. The petition is admitted for hearing.
With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has assailed the validity of the sale notice dated 22.10.2018 issued by respondent-Bank under Section 13(4) 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 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.
5. Accordingly, the petition is disposed of with liberty to the petitioner that in case he files an application under Section 17 of the Act 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. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE Mds/-