IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 5895 OF 2018 (GM-RES) BETWEEN:
SRI MADAN GOPAL SINGH S/O LALITH NARAYAN SINGH, AGED ABOUT 67 YEARS, R/AT #1262, 11TH BLOCK, LAL BAHADUR SHASTRI NAGAR, FURTHER EXTENSION OF ANJANAPURA LAYOUT, KEMBATHAHALLI, BENGALURU - 560 083.
(By Sri RANJITH.K.S., ADVOCATE -ABSENT-) AND:
1. CAN FIN HOMES LTD SAJNI, NO.69, (OLD NO. 35) 13TH MAIN ROAD, JAYANAGAR 3RD BLOCK, BENGALURU - 560 011 REPRESENTED BY ITS MANGER.
2. AUTHORISED OFFICER CAN FIN HOMES LTD., SAJNI NO. 69, (OLD NO. 35) 13TH MAIN ROAD, JAYANAGAR 3RD BLOCK, BENGALURU - 560 011.
... PETITIONER 3. MR. SHIVARAJ R AGED ABOUT 28 YEARS, S/O RAJ KUMAR, R/AT NO. 28, BETHAL VILLA, 6TH CROSS, 6TH MAIN ROAD, FRIENDS LAYOUT, KOTHNUR DINNE, J.P.NAGAR 8TH PHASE, BENGALURU - 560 078.
4. MRS. VASANTHI R W/O RAJ KUMAR, AGED MAJOR, R/AT NO.28, BETHAL VILLA, 6TH CROSS, 6TH MAIN ROAD, FRIENDS LAYOUT, KOTHNUR DINNE, J.P.NAGAR, 8TH PHASE, BENGALURU - 560 078.
... RESPONDENTS (By Sri S.K.M.SHETTY, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE DEMAND NOTICE DATED 13.12.2017 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER None appears for the petitioner.
Sri.S.K.M.Shetty, learned counsel for the Respondent Nos.1 and 2.
2. In this petition, the petitioner has assailed the validity of the demand notice dated 13.12.2017 issued by the second respondent under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘Act’, for short) as per Annexure – ‘A’.
3. When the matter was taken up today, learned counsel for Respondent Nos.1 and 2 submitted that the petitioner has an alternative remedy for filing his objections against the notice issued under Section 13(2) of the Act and the same shall be considered in accordance with law by the competent authority.
4. In view of the aforesaid submission, the writ petition is disposed of with liberty to the petitioner to file objections to the notice dated 13.12.2017 within a period of two weeks from the date of receipt of the certified copy of the order passed today.
5. It is needless to state that in case the petitioner files such objections to the notice impugned in this petition, the competent authority shall adjudicate the objections after affording an opportunity of hearing to the petitioner and shall dispose of the matter in accordance with law.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE DH