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.47047 OF 2017 (GM-RES) BETWEEN:
St. Philomina High School By Secretary V. Ashwath Narayana S/o Venkatarayappa, Aged about 50 years, Chandapura, Attebele Hobli, Anekal Road, Anekal Taluk, Bengaluru – 560 099.
(By Sri. Narayana K., Advocate (absent)) AND:
1. Bank of Maharastra, Indira Nagar Branch, No.6, 1st Main, Domlur 2nd Stage, Indira Nagar, Bengaluru – 560 071. Represented by its Authorized Officer.
2. Sri. N. Narayan Reddy, S/o Late Nanjunda Reddy, Age 65 years, #94, ANR Kalyan Mantappa, Anekal Road, Chandapura, Bengaluru – 560 081.
… Petitioner 3. Sri. C. N. Shantakumar, S/o N. Narayan Reddy, Age 45 years, #575, 1st A Main, 6th Sector, HSR Layout, Bengaluru – 560 103.
… Respondents (By Sri. V. B. Ravishankar, Advocate for R1; R2 and R3 are served and unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the R1 not to take physical possession of the writ petition scheduled property, and etc.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner.
Sri. V.B. Ravishankar, learned counsel for respondent No.1.
2. When the matter was taken up today, learned counsel for respondent No.1 submitted that petitioner, who is the tenant has assailed the validity of the order passed by the District Magistrate 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) and therefore, the remedy available to the petitioner, if any, is to file an application under Section 17(4A) of the Act.
3. In view of the aforesaid submissions and in view of the law laid down by this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the petition is disposed of with liberty to the petitioner to take recourse to the remedy provided to him under Section 17(4A) of the Act.
4. Needless to state that in case petitioner files an application before the Debts Recovery Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today, petitioner shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE Mds/-