IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.277 OF 2016 (GM-RES) BETWEEN:
SRI NARASIMHA NARAYANA MOGAVEERA AGED ABOUT 62 YEARS, NARAYANA NILAYA, BALEHITLU BASRUR, KUNDAPURA KUNDAPURA TALUK, UDUPI DISTRICT-576 211. ... PETITIONER (BY SRI K. PRASANNA SHETTY, ADV. - ABSENT) AND:
1. DISTRICT MAGISTRATE AND DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI-576 104 2. THE BHARATH CO-OPERATIVE BANK (MUMBAI) LTD UDUPI BRANCH VASUKI TOWER NEXT TO VISHWAS COMMERCIAL BUILDING NEAR TALUK OFFICE OPP: DISTRICT COURT UDUPI-576 101.
REPRESENTED BY ITS AUTHORISED OFFICER & ASSISTANT GENERAL MANAGER SRI BALAKRISHNA S. KARKERA. ... RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A. FOR R1;
SRI PUNDIKAI ISHWARA BHAT, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 09.11.2015 PASSED BY THE R-1 I.E., DEPUTY COMMISSIONER UDUPI DISTRICT IN (ANNEXURE-A) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Sri Y.D. Harsha, learned Additional Government Advocate for respondent No.1 and Sri Pundikai Eshwara Bhat, learned counsel for respondent No.2.
2. In this petition under Articles 226 and 227 of the Constitution of India, 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).
3. 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. 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 ST