IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 60340/2014 (GM-RES) BETWEEN:
SRI. RAJESH K NAIR S/O KESHAVAN NAIR AGED ABOUT 45 YEARS PROPRIETOR OF M/S KOLLUR MOTORS #85/4, OUTER RING ROAD KEMPEGOWDA LAYOUT LAGGERE BANGALORE 560058 (BY SRI. GIREESHA S. N., ADV. FOR SRI. D C SRINIVASA, ADV.) AND THE BANK OF INDIA YESHWANTHPUR SSI BRANCH #6, II MAIN ROAD RMC YARD, YESHWANTHPUR BANGALORE 560022 REPRESENTED BY ITS CHIEF MANAGER (BY SRI. M MOHAMED IBRAHIM, ADV.) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HON'BLE I ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALROE IN C.MISC.NO.9876/13, DT.16.6.14, VIDE ANN-D & THE NOTICE DT.22.7.14, ISSUED BY THE RESPONDENT TO THE PETITIONERS TO VACATE THE PROPERTY WITHIN 7 DAYS VIDE ANN-E, AS ILLEGAL & VOID.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Gireesha S.N., for Sri D. C. Srinivasa, learned counsel for the petitioner. Sri. M. Mohamed Ibrahim, learned counsel for the respondent.
2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, petitioner has assailed the validity of the action taken by respondent-Bank under Section 13(4) 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 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.
5. 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 six 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.
6. Till the petitioner files an application, ad-interim order dated 26.12.2014 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
Sd/- JUDGE RD