IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.54266 OF 2016 (GM-RES) BETWEEN:
SRI. P.V. NAGARAJ S/O. P.V. VENKATESH AGED ABOUT 45 YEARS R/AT NO.65, SY.NO.98 14TH ‘A’ CROSS, WEAVERS COLONY SARAKKI GATE 1ST PHASE, J.P. NAGAR BENGALURU-560 078. ... PETITIONER (BY SRI. NARASI REDDY G., ADV.) AND:
1. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER J.P. NAGAR POLICE STATION 21ST CROSS, 2ND PHASE J.P. NAGAR BENGALURU-560 078.
2. THE BRANCH MANAGER/ AUTHORISED OFFICER THE DHANA LAXMI BANK LTD. NO.58/A, VISHNU PRIYA ARCADE 18TH MAIN, 6TH BLOCK KORAMANAGALA BENGALURU-560 095.
3. M/S. GANGA CHOWDAMBHIKA INDUSTRY REP. BY ITS PROPRIETOR BY NAME V. SRINIVASA.
4. V. SRINIVASA S/O. SRI. VENKATA SWAMAPPA AGED ABOUT 42 YEARS 5. SMT. LAKSHMAMMA W/O. SRI. VENKATASWAMAPPA AGED ABOUT 71 YEARS 6. SRI. VENKATA SWAMAPPA DELETED VIDE ORDER DATED 09.08.2018 AS HE DIED.
RESPONDENTS NO. 3 TO 5 ARE R/AT. NO.1 BETTA HOSAPURA KOLAR TALUK, KOLAR KARNATAKA-563 101. … RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R1 SRI. Y.B. RAVISHANKAR, ADV. FOR R2 R3, R4 & R5 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE 44TH ACMM AT BANGALORE IN CRL.MISC.NO.6778/2016 DATED 27.08.2016 VIDE ANNEX-M AND CONSEQUENTLY QUASH THE NOTICE ISSUED BY THE R-2 DATED 05.10.2016 AS PER ANNEXURE-L AS THE R2 ISSUED THE SAID NOTICE BASED ON THE ABOVE SAID IMPUGNED ORDER.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Narasi Reddy.G., learned counsel for the petitioner. Sri.Y.D. Harsha, learned Additional Government counsel for respondent No.1 and Sri.Y.B. Ravishankar, 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 dated 27.08.2016 passed by the 44th Additional Chief Metropolitan Magistrate in Crl.Misc.No.6778/2016 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. 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 *alb/-.