IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.58024 OF 2018(GM-RES) Between:
Sri.R.Pichainathan, Managing Partner, M/s.Indian Environment Plant, No.176 & 168, Old Survey No.40/2, Kannamangala Gate, Madhure Hobli, Doddaballapura Taluk, Bengaluru-561 203. … Petitioner (By Sri.Prasanna Kumar.B, Advocate – Absent) And:
Canara Bank, Nelamangala Branch, Roopa Theatre Complex, Nelamangala, Bengaluru-560 123, Rep. by its Authorized Officer. …Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the possession notice dated 06.10.2018 published in New India Express on 10.10.2018 (Annexure-R) and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner.
2. In this petition, petitioner has assailed the validity of Possession Notice issued by 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 decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17 of the Act.
4. Accordingly, petition is disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of three 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.
5. 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 dn/-