IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29104/2018 (GM-RES) BETWEEN:
SRI. RAMESH GOWDA, S/O. MUDALAGIRI GOWDA, AGE 43 YEARS, R/AT SRI. MALLIKARJUNA NILAYA, 4TH CROSS, MAHALAKSHMI BADAVANE, BATWADI, TUMKURU – 572102.
(BY SRI. MARKENDA SHETTY, ADV. FOR SRI. R. CHANNAKESHAVA, ADV.) AND:
1. M/S. SUNDARAM BNP PARIBAS, HOME FINANCE LIMITED, NO 46, WHITES ROAD, CHENNAI – 600014. REPRESENTED BY AUTHORIZED OFFICER.
2. SRI. MALLIKARJUNA G.C, S/O LATE G.M. CHIKKAVEERANNA, AGE 60 YEARS, R/AT NO 11, 6TH CROSS, S.S PURAM, TUMKURU – 572102.
3. SMT. GEETHA SUNITA. S, W/O MALLIKARJUNA G.C, ... PETITIONER AGE 48 YEARS, R/AT NO. 11, 6TH CROSS, S.S.PURAM, TUMKURU – 572102.
(BY SRI. R YOGESH, ADV., FOR R1 ) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO RESPONDENT NO.1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Markanda Shetty, learned counsel for petitioner.
Sri. R. Yogesh, learned counsel for respondent No.1.
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(4-A) 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 11.07.2018 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
Sd/- JUDGE RD