IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22702/2015 (GM-RES) BETWEEN:
1. SRI. VENKATA REDDY, S/O LATE CHIKKAVENKATAPPA, AGED ABOUT 63 YEARS, 2. SRI. B.V. MANJUNATHA, S/O VENKATA REDDY, AGED ABOUT 30 YEARS, BOTH ARE RESIDING AT BILLANDLAHALLI VILLAGE, KADADANAMARI POST, CHINTAMANI TALUK – 563 125, CHIKKABALLAPUR DISTRICT. ... PETITIONERS (BY SRI.V. VISWANATHA SETTY, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR – 562 101.
2. KARNATAKA BANK LTD., CHINTAMANI BRANCH, CHINTAMANI – 563 125.
3. SRI.G.P. SHIVANNA, S/O POTHALAPPA, MAJOR, SHIVA DIGITAL STUDIO, GOVERNMENT POLYTECHNIC COLLEGE ROAD, CHINTAMANI – 563 125. ... RESPONDENTS (BY SRI.Y.D. HARSHA, AGA FOR R1 (MA NOT FILED); SRI.A. GANESH, ADVOCATE FOR R2;
V/O DATED 06.09.2017, NOTICE TO R3 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-1 [ANNEX-B] DTD.27.3.2015 PERMITTING THE R-2 TO TAKE POSSESSION OF THE PROPERTY BEARING KHATHA NO.4669/4319 IN ALL MEASURING 2625 SQ.FT., SITUATED AT 1ST DIVISION, ANJANI EXTENSION, CHINTAMANI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.V. Viswanatha Setty, learned counsel for the petitioner.
Sri.Y.D. Harsha, learned Additional Government Advocate for Respondent No.1;
Sri.A. Ganesh, learned counsel for Respondent No.2.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, petitioners have assailed the validity of the action taken by respondent No.1 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).
4. 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 petitioners is to file an application under Section 17 of the Act.
5. Accordingly, petition is disposed off with liberty to the petitioners that in case they file an application before the Debts Recovery Tribunal within a period of four weeks from the date of receipt of certified copy of the order passed today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
6. Till the petitioners file an application, status quo order dated 05.06.2015 granted by a bench of this Court, shall continue.
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 off.
Sd/- JUDGE cbc