IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 4962 OF 2018 (GM-RES) BETWEEN:
SRI. SIDDESH, S/O SIDDAIAH, AGE 37 YEARS, R/AT IST AND 2ND FLOOR, NO.1141/10A, 2ND CROSS, 7TH MAIN, VIDYARANYAPURA, KHILLE MOHALLA, MYSORE-570008.
(BY SRI. R. CHANNAKESHAVA, ADV.) AND:
… PETITIONER 1. KAVERI GRAMEENA BANK, CENTRAL OFFICE, MYSORE SRI CHAKRAVARTHI COMPLEX, H.I.G.976, VIVEKANANDA NAGAR MAIN ROAD, VIVEKANANDANAGAR, MYSURU – 570 006. REPRESENTED BY ITS AUTHORIZED OFFICER.
2. GOWRISHANKAR S. S/O M. SIDDARAJU, AGE 39 YEARS, NO.1141/1A F-10/1A, 8TH CROSS, S.J.H. ROAD, VIDYARANYAPURA, MYSURU-570 008.
3. MANJUNATH, S/O M. SIDDARAJU, AGE 39 YEARS, NO.1141/1A F-10/1A, 8TH CROSS, S.J.H ROAD, VIDYARANYAPURA, MYSURU – 570 008.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETTIION SCHEDULE PROPERTIES AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, petitioner has assailed the validity of the order passed by the District Commissioner and District Magistrate, Mysuru under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
2. 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.
3. 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.
4. Ad-interim order dated 12.02.2018 granted by a bench of this Court, shall continue for a period of six weeks from the date of receipt of certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE Mds/-