IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.11890-891 OF 2018 (GM-RES) Between:
1. Smt. Sujatha G.M W/o Rudresh Aged about 35 years 2. Sri. Noorulla Shariff S/o Muzaffer Hussainn Aged about 47 years Both are residing at No.20, 1st Main Road DRC Post, near Rama Temple Balajinagar, S.J. Palya Bengaluru – 560 029 … Petitioners (By Sri. Lokesha M.Y, Advocate - Absent) And:
1. Mr. Simon Peter N S/o Nagappa Aged about 39 years R/at No.20, 1st Main DRC Post, Near Rama Temple Balajinagar Bengaluru – 560 029 2. The Malleshwaram Co-operative Bank Limited Head Office at No.102 7th Cross, Malleshwaram Bengaluru – 560 003 Represented by its Authorised signatory … Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct 2nd respondent Bank not to dispossess the petitioners from the schedule property as per the notice dated 09.03.2018 issued by the 2nd respondent Bank as per Annexure-C holding the same as illegal.
These Writ Petitions coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
Record perused.
2. In these petitions, petitioners have assailed the validity of the notice dated 09.03.2018 issued by respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. 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(4A) of the Act.
4. Accordingly, petitions are disposed of with liberty to the petitioners that in case they file 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, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE Mds/-