IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.50160 OF 2017 (GM-RES) BETWEEN:
Sri. V. Kamalakannan, S/o Sri. Velunathan, Aged about 43 years, R/at No.TF5, 3rd Floor, 10th Cross, R.R. Nagar, Idea Home, Bharathi Petrol Bunk, Bengaluru – 560 098.
(By Sri. Nagaraju G.M., Advocate (absent)) AND:
… Petitioner Vijaya Bank, Domlur Branch, No.208, 1st Main, 5th Cross, Domlur Layout, Bengaluru – 560 071.
Represented by Authorized Officer. (By Sri. Vignesh Shetty, Advocate) … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dated 15.07.2017 passed by the XI Additional Chief Metropolitan Magistrate, at Bengaluru in C. Misc.
No.50374/2016 as per Annexure-A holding the same as illegal, and etc.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner.
Sri. Nagaraju G.M., learned counsel for the respondent.
2. When the matter was taken up today, learned counsel for the respondent submitted that petitioner, who is the borrower has assailed the validity of the order dated 15.07.2017, passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. For the reasons assigned in the order dated 30.01.2019 passed in W.P.No.6594/2018, an appeal lies against the order passed under Section 14 of the Act.
4. Therefore, the writ petition is disposed of with liberty to the petitioner that in case he files an application under Section 17 of the Act before the Debts Recovery Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of the principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE Mds/-