IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31399 OF 2019 (GM-RES) BETWEEN:
SRI.SRIRAMAIAH B., S/O LATE BIDDAPPA @ MUNISWAMY, AGED ABOUT 67 YEARS, R/AT BIDDARAGUPPE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT.
REPRESENTED BY HIS GPA HOLDER SRI. DAMLA T MATHEW, S/O THOMAS T.M., AGED ABOUT 52 YEARS.
(BY MR. N.KUMAR, ADVOCATE) AND:
1. RELIANCE HOME FINANCE LIMITED, BRANCH OFFICE, NO.37, 3RD FLOOR, LALBAGH ROAD, BRAMHANANDA COURT, BENGALURU – 560 027. REPRESENTED BY ITS AUTHORISED OFFICER.
2. M/S. DAMDEN PROPERTIES, NO.7/27, 4TH CROSS, VENKATESHWARA LAYOUT, TAVARAKERE MAIN ROAD, NEAR BIG BAZAAR, KORAMANGALA, BENGALURU – 560 029.
… PETITIONER REPRESENTED BY ITS PARTNER, DENIS T BASIL.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 15.05.2019 ISSUED BY THE R-1 AS AT ANNEXURE – C AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.N.Kumar, learned counsel for the petitioner.
2. The petition is admitted for hearing.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has challenged the notice dated 15.05.2019 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
4. When the matter was taken up today, learned counsel for the petitioner fairly conceded that the aforesaid notice has not been sent to the petitioner. The petitioner is neither a borrower nor a guarantor and is not in any way concerned with the loan transaction. It is made clear if the notice has not been issued to the petitioner, no action in respect of the property belonging to the petitioner can be taken by the respondent-Bank.
5. However, at this stage, learned counsel for the petitioner submits that pursuant to the notice dated 15.05.2019, an action under Section 13(4) of the Act has been taken by the respondent-Bank. In case the petitioner is aggrieved, he shall be at liberty to take recourse to the remedy provided to him under Section 17 of the Act.
6. With the aforesaid liberty, the Petition is disposed of.
Sd/- JUDGE bnv