IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28166/2018 (GM-RES) BETWEEN:
SRI P.S.MAHESH AGED ABOUT 49 YEARS S/O P.J.SHESHAGIRI RAO R/AT 983, 7TH ‘A’ MAIN, 1ST STAGE VIJAYNAGAR EXTENSION MYSORE – 570 017 … PETITIONER (BY SRI NITYANAND M.BHAT., ADVOCATE FOR SRI P.N.MANMOHAN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY M.S.BUILDING, AMBEDKAR VEEDI BANGALORE – 560 001 REP. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE – 570 001 3. NATIONAL CO-OPERATIVE BANK LTD MYSORE BRANCH, HEAD OFFICE, 73/1 GANDHI BAZAAR MAIN ROAD BANGALORE – 560 001 REP. BY ITS AUTHORIZED OFFICER 4. M.V.HARISH KUMAR NAIDU S/O LATE H.V.VENUGOPAL NAIDU R/AT NO.3/1 ‘ANURAG’ 5TH MAIN, 7TH CROSS VINAYAKANAGAR MYSORE – 570 012 … RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 & R2; SMT.SHOBHA K.R., ADVOCATE FOR R3 [ABSENT]) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.12.2017 (ANNEXURE–C) ISSUED BY RESPONDENT NO.2 ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri Nithyanand M.Bhat, learned Counsel for the petitioner.
Smt.Prathima Honnapura, learned Additional Government Advocate for respondent Nos.1 and 2.
Smt.Shobha K.R., learned Counsel for respondent No.3 is absent.
2. After arguing the matter to some extent, learned Counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to approach the Debts Recovery Tribunal by filing an application under Section 17(4)(a) 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 aforesaid submission, the writ petition is disposed of with liberty to the petitioner to file an application under Section 17(4)(a) of the Act along with an application for stay before the Debts Recovery Tribunal within two 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.
4. Needless to state that till the application for stay filed by the petitioner is considered by the Debts Recovery Tribunal, interim order granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE KSR