IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.23238 OF 2018 (GM-RES) BETWEEN:
SRI R GOPAL S/O LATE RADHA KRISHNA AGED ABOUT 54 YEARS PROPRIETOR M/S.SRIVARI ENTERPRISES NO.22 & 26, 1ST MAIN 3RD CROSS, NAYANDAHALLI MYSORE ROAD BANGALORE-560 039.
… PETITIONER (BY SRI.E.RAJAGOPALA, ADV.,) AND:
1. THE AUTHORISED OFFICER ANDHRA BANK YESHWANTHPUR BRANCH NO.14/43, INDUSTRIAL SUB URB TUMKUR ROAD, YESHWANTHPUR BANGALORE-560 022.
2. SRI M.KEMPAIAH S/O MARIYACHARY AGED ABOUT 47 YEARS NO.222, REVANNA LAYOUT NAYANDAHALLI, MYSORE ROAD BANGALORE-560 039.
… RESPONDENTS (BY SRI.A.SHIVASHANKAR, ADV. FOR R1 V/O DATED: 30.05.2018 WP STANDS DISMISSED AGAINST R-2 SRI.RAVISHANKAR K, ADV. FOR IMPLEADING APPLICANT ON IA 1/2018) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION NOTICE DATED: 22.05.2018 ISSUED BY THE FIRST RESPONDENT BANK TO THE PETITIONER VIDE ANNEXURE-E AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri.A.Shivashankar, learned counsel for the respondent No.1.
Sri.Ravishankar.K., learned counsel for impleading applicants on I.A.No.1/2018.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the possession notice dated 22.05.2018 passed by the respondent-Bank under Section 13(2) 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.
4. For the aforementioned reasons, the petition is disposed of reserving liberty that in case the petitioner avail 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. Till then, the interim order shall continue.
With the aforesaid liberty, the petition is disposed of.
In view of disposal of the main petition, I.A.No.1/2018 does not survive for consideration. Hence, it is disposed of.
Sd/- JUDGE VMB