IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31092 OF 2019 (GM-RES) BETWEEN:
SRI SYED SUHIL BANDI AGED 35 YEARS, NOW R/AT HOUSE NO.1535, FIRST FLOOR, WARD NO.12, ASSESSMENT NO.73 S.S. KRISHNA MURTHY LAYOUT, C.N.ROAD CROSS, BHADRAVATHI OLD TOWN, BHADRAVATHI TALUK, BHADRAVATHI, SHIVAMOGGA DISTRICT.
... PETITIONER (BY SRI MADHUKAR NADIG, ADVOCATE) AND:
1. KARNATAKA GRAMINA BANK LTD., PROPERTY RECOVERY SECTION HUTHA COLONY, BHADRVATHI TALUK, SHIVAMOGGA DISTRICT, SHIVAMOGGA -577301.
REP. BY ITS MANAGER 2. SRI ARJUN RAO S/O SHANKAR RAO AGED ABOUT 65 Y EARS, NO.1535, WARD NO.12, ASSESSMENT NO.73, S.S.KRISHNA MURTHY LAYOUT, C N ROAD CROSS, BHADRAVATHI OLD TOWN, BHADRAVATHI TALUK, BHADRAVATHI, SHIVAMOGGA DISTRICT – 577301 3. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT – 577021.
4. THE TAHSILDHAR OFFICE OF TAHSILDAR AND TALUK MAGISTRATE, BHADRAVATHI - 577301 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 13.05.2019 PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, SHIVAMOGGA DISTRICT, IN PROCEEDINGS ON THE PETITON FILED BY THE R-1 U/S 14 OF THE SECURITISATION AND RE-CONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AS PER (ANNEXURE-D) AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Madhukar Nadig, learned counsel for the petitioner.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. Learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to file application under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 within a period of four weeks.
3. Needless to state that if the petitioner files such an application, the same shall be decided by the Tribunal on merits by extending the benefit of principles contained in Section 14 of the Limitation Act.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE GH