IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6414/2018 (GM-RES) BETWEEN SRI.N.SUMANTH, S/O LATE NATARAJ, AGED 35 YEARS, PROPRIETOR, M/S. AQUA CITY MINERAL WATER PLANT, SHED NO.D/4, KALLAHALLY, NANJANGUD INDUSTRIAL AREA, NANJANGUD – 571 301.
... PETITIONER (BY SRI. E.RAJAGOPALA, ADV. (ABSENT)) AND THE AUTHORIZED OFFICER, CENTRAL BANK OF INDIA, REGIONAL OFFICE, SANTOSH CINEMA COMPLEX, KEMPEGOWDA ROAD, BENGALURU – 560 009.
... RESPONDENT (BY SRI.P.UDAYA SHANKAR RAI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 02.02.2018 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER VIDE ANNEXURE – C AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appear for the petitioner.
2. On perusal of the records, I deem it appropriate to dispose of the matter.
3. In this petition, petitioner inter alia is seeking to quash the possession notice dated 02.02.2018, issued by the respondent bank under Section 13(12) read with Rule 3 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, petition is disposed of with liberty to the petitioner that in case he files an application 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 nvj