IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35188 OF 2018 (GM-RES) BETWEEN:
SMT. SRIMATHI BAI W/O. KUPPAJI RAO AGE 40 YEARS, RESIDING AT NO.30 9TH B MAIN, 4TH CROSS M-PALYA MAGADI ROAD BENGALURU-560 023.
(BY SRI. MARKAN, ADV. FOR SRI N. SURESHA, ADV.) AND:
... PETITIONER 1. M/S. ALLAHABAD BANK CHAMARAJPET BRANCH, BENGALURU-560 018 REPRESENTED BY THE CHIEF MANAGER 2. SRI. M. VASU S/O. MURUGESH AGE 60 YEARS, RESIDING AT NO.FF-05 1ST FLOOR, M.S. COMPLEX, KSSIDC BUILDING PEENYA 2ND STAGE, BENGALURU-560 058.
3.SMT. RUKMINI W/O. VASU AGE 55 YEARS RESIDING AT NO.FF-05 1ST FLOOR, M.S. COMPLEX KSSIDC BUILDING PEENYA 2ND STAGE BENGALURU-560 058.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Markan, learned counsel for Sri.N.Suresha, learned counsel for petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
When the matter was taken up today, learned counsel for the petitioner fairly submitted that the petitioner has remedy of filing an application under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) against the order impugned in this petition and petition be disposed of with liberty to the petitioner to file an application before the Debts Recovery Tribunal within a period of six weeks from today.
2. In view of the aforesaid submission and in the facts of the case, writ petition is disposed of with liberty to the petitioner to file an application against the order impugned in this petition under Section 17(4A) of the Act.
3. Needless to state that in case petitioner files an appeal within the aforesaid period, petitioner shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE dn/-