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.47715/2016 (GM-RES) BETWEEN SRI M S MUNIRAJU S/O LATE CHIKKAMUNISWAMI AGE 44 YEARS, 19, 8TH CROSS ROAD, VIDYAMANYANAGAR ANDRAHALLI MAIN ROAD VISHWANEEDHAM POST BANGALORE-560091 ... PETITIONER (BY SRI MARKANDA SETTI, ADV. FOR SRI N. SURESHA, ADV.) AND CENTRAL BANK OF INDIA 1ST FLOOR, ABOVE ARYA BHAVAN SWEET SANTHOSH CINEMA COMPLEX BANGALORE-560 009 REPRESENTED BY HIS AUTHORIZED OFFICER ... RESPONDENT (BY SRI EASHWAR PRASAD, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.04.2016 IN C.MIS.NO.12702/2015 ON THE FILE OF VII ACMM BANGALORE IN ANNEX-B AND DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION THE PETITION SCHEDULE PROPERTY ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Markanda Setti, learned counsel for Mr. N.Suresha, for the petitioner.
Mr.Eashwar Prasad, learned counsel for the respondent.
2. In this petition, petitioner has assailed the validity of the action taken by respondent-Bank under Section 13(12) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. When the matter was taken up today, learned counsel for the petitioner submitted that he may be granted liberty to file an application against the possession notice order under Section 17 of the Act, within a period of eight weeks.
4. The aforesaid submission is not opposed by learned counsel for respondents.
5. Accordingly, petition is disposed of with a liberty to the petitioner that in case he files an application under Section 17 before the Debts Recovery Tribunal within a period of eight weeks from the date of receipt of certified copy of the order passed today, the Tribunal shall consider and decide the application preferred by the petitioner on merits in accordance with law.
Sd/- JUDGE VM CT-HR