IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 54134 OF 2018 (GM-RES) BETWEEN:
Sri Nissar Ahmed S/o Hasan Bappaithony @ Budan Age: 52 years R/at flat no. 401, Vishwas sahara heights Pandeshwar, Mangalore-575 001. … Petitioner (By Sri Sachin B S, Adv.) AND:
1. The Authorised Officer Axix Bank Ltd., Retail Assets Center Essel Towers, Bunts Hostel Circle, Mangalore- 575 001 2. District Magistrate Dakshina Kannada District Mangalore- 575 001. … Respondents (By Sri.Unnikrishnan M, Adv. For R1 Sri Y.D.Harsha, AGA for R-2) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated: 16.10.2018 passed by the R-2 as per Annexure-A and etc.
This Petition coming on for Preliminary Hearing in B group this day, the Court made the following:-
ORDER Sri Sachin B S, learned counsel for Petitioner, By Sri.Unnikrishnan M, learned counsel for Respondent No.1 and Sri Y.D.Harsha, Additional Govt. Advocate for Respondent No.2.
2. In this petition under Article 227 of the Constitution of India, petitioner has assailed the validity of the order dated 16.10.2018 passed by the District Magistrate, Mangaluru 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. For the reasons assigned by this Court in the order dated 30.01.2019 passed in Writ Petition No.6594/2018, petitioner has an efficacious remedy of filing an application under Section 17 of the Act. Accordingly, petition is disposed of with liberty to the petitioner to approach the Debt Recovery Tribunal by filing an application under Section 17 of the Act, within a period of three weeks from the date of receipt of copy of the order passed today. Needless to state that in case petitioner files an application under Section 17 of the Act, within a period of three weeks as mentioned, petitioner shall be entitled to the benefit of the principles contained in Section 14 of the Limitation Act, 1963. It is also needless to state that petitioner shall be at liberty to submit an offer under ‘One Time Settlement’ scheme to the competent authority of the bank.
Accordingly, petition is disposed of.
Sd/- JUDGE brn