IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.50887 OF 2018 AND 52410 OF 2018 (GM-RES) BETWEEN:
SRI REHMAN KHAN S/O LATE ISMAIL KHAN AGED ABOUT 45 YEARS, R/AT 164/B, SOAP FACTORY ROAD, NEAR PUTHLI PARK ROAD BANNIMANTAP EXTENSION MYSORE-570015 … PETITIONER (BY SRI.N.SURESHA, ADV.) AND:
1. M/S CORPORATION BANK ZONAL OFFICE: MYSORE, NO.2254, 3RD FLOOR VINOBHA ROAD MYSURU-570005 REPRESENTED BY ITS AUTHORIZED OFFICER 2. MRS RESHMA BANU W/O REHMAN KHAN AGE 40 YEARS, R/AT 164/B, SOAP FACTORY ROAD NEAR PUTLI PARK ROAD, BANNIMANTAP EXTENSION MYSORE-570015 … RESPONDENTS (R-1 & 2 SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE PETITIONER LETTER DATED:08.11.2018 FOR REGULARISING THE LOAN ACCOUNT ANNEXURE-H AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.N.Suresha, learned counsel for the petitioner.
2. In these petitions, petitioner has assailed the validity of possession notice 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).
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(4A) of the Act.
4. Accordingly, petitions are disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of eight 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.
Sd/- JUDGE dn/-