IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.52118 -52119 OF 2018 (GM-RES) BETWEEN:
1. Sri Shambhatta S/o Late Sri Shambinarayana Bhat Aged about 73 years R/at Badekodi House Peruvai Post, Kanyana Village Bantwal Taluk, D.K.
2. Sri B.V.Kumar S/o Sri B Shambatta Aged about 35 years R/at Badekodi House Peruvai Post, Kanyana Village Bantwala Taluk, D.K. … Petitioners (By Sri. Aruna Shyam M, Adv.) AND:
1. The Deputy Commissioner Dakshina Kannada District Mangalore, D.K.-575 002 2. The Tahasildar Puttur Taluk Puttur, D.K.-575 002 3. The Vijay Bank Puttur Rep. by its Branch Manager Puttur Kasaba Village Puttur Taluk, D.K.- 574 201 … Respondents (By Sri. Y.D.Harsha, Additional Government Advocate for R1 & R2 Sri Vignesh Shetty, Advocate For R3) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dtd: 22.10.2018 and notice dtd: 02.09.2017 issued by the R-1 and R-3 and all further proceedings pursuant thereto, the copy of the same are produced at Annexure-A and B and etc.
These Petitions coming on for Orders this day, the Court made the following:-
ORDER Sri. Aruna Shyam M., Advocate for Petitioner, Sri. Y.D.Harsha, Additional Government Advocate for R1 & R2 and Sri Vignesh Shetty, Advocate For R3.
In these petitions under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 22.10.2018 passed by the District Magistrate, Mangaluru under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as the Act for short).
2. For the reasons assigned by this Court in the order dated 30.01.2019 passed in Writ Petition No.6594/2018, petitioners have an efficacious remedy of filing an application under Section 17 of the Act. Accordingly, petitions are disposed of with liberty to the petitioners to approach the Debt Recovery Tribunal by filing an application under Section 17(1) of the Act within a period of three weeks from the date of receipt of a copy of the order passed today. Needless to state that in case petitioners file an application under Section 17(1) of the Act, within a period of three weeks from today, petitioners shall be entitled to the benefit of the principles contained in Section 14 of the Limitation Act, 1963. It is also needless to state that petitioners shall be at liberty to submit an offer under ‘One Time Settlement’ scheme to the competent authority of the bank.
Accordingly, petitions are disposed of.
Sd/- JUDGE brn