IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.51380/2016 (GM RES) BETWEEN:
SRI. MOHAMMED IQBAL SHAIK S/O LATE FAREED SAHEB AGE: 50 YEARS R/O SABAH COMPLEX NEAR SV JUNIOR COLLEGE GANGOLLI POST, KUNDAPUA TALUK UDUPI DISTRICT 576101.
... PETITIONER (BY SRI. SACHIN.B.S, ADV.) AND:
1. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE OFFICE UDUPI 576101.
2. STATE BANK OF MYSORE UDUPI BRANCH PB 76, REHMAN COMMERCIAL COMPLEX NETHAJI CROSS ROAD, NEW SERVICE UDUPI DISTRICT- 576101 REPRESENTED BY MANAGER ... RESPONDENTS (BY SRI. Y.D.HARSHA, AGA. FOR R1 SRI VARADARAJ R.HAVALDAR, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.02.2016 PASSED BY THE R-1 AS PER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Sachin.B.S, learned Counsel for the petitioner. Mr. Y.D.Harsha, learned Additional Government Advocate for respondent No.1.
Mr.Varadaraj R.Havaldar, learned Counsel for the respondent No.2.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this petition, the petitioner has assailed the validity of the impugned order 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 petitioner has a remedy of filing an application under Section 17 of the Act.
5. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avail of the remedy provided to him under Section 17 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 petitioner and shall decide the application.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE ln.