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.34624 OF 2018 (GM - RES) BETWEEN:
SRI. SHIVAKUMAR S/O SIDDAIAH AGE 43 YEARS RESIDING AT GROUND FLOOR AND 2ND FLOOR NO.101, 18TH MAIN ROAD KURUBARAHALLI BENGALURU – 560 086.
(BY SRI. R.CHANNAKESHAVA, ADV.) AND:
1. M/S. AXIS BANK LTD., NO.45, PRESTIGE LIBRA, 1ST FLOOR, ABOVE PASSPORT SEVA KENDRA, LALBAGH ROAD BENGALURU – 560 027.
REPRESENTED BY HIS AUTHORIZED OFFICER.
2. SRI.VIJAY KUMAR R S/O S.RANGACHAR AGE 38 YEARS RESIDING AT NO.101 (OLD NO.66), 18TH MAIN J.C.NAGAR, MAHALAKSHMIPURAM POST KURUBURAHALLI NEAR ICICI BANK ATM BENGALURU – 560 086.
… PETITIONER 3. MRS.KAVITHA S., W/O VIJAY KUMAR R RESIDING AT NO.101 (OLD NO.66), 18TH MAIN J.C.NAGAR, MAHALAKSHMIPURAM POST KURUBURAHALLI NEAR ICICI BANK ATM BENGALURU – 560 086.
… RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. R.Channakeshava, learned counsel for the petitioner.
2. In this petition under Article 226 of the Constitution of India, petitioner inter-alia has prayed for the following reliefs:
“a) Issue a writ in the nature of mandamus or direction or any other appropriate writ, order or direction to respondent No.1 not to take physical possession of the writ petition scheduled properties and b) Pass such other order or direction that this Hon’ble Court deems fit to pass in the circumstances of the case.”
3. When the matter was taken up today, learned counsel for the petitioner fairly submitted that he has remedy of filing an appeal under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) against the possession notice dated 05.06.2018 and petition be disposed of with liberty to file an application before the Debts Recovery Tribunal within a period of eight weeks from today.
4. In view of the aforesaid submission and in the facts of the case, writ petition is disposed of with liberty to the petitioner to file an application against the possession notice dated 05.06.2018 under Section 17(4A) of the Act.
Needless to state that in case petitioner files an appeal within the aforesaid period, petitioner shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE VMB