IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.7772-7773 OF 2019 (GM-RES) BETWEEN:
1. SMT. SUJATHA W/O VIJAYACHAR AGED ABOUT 32 YEARS OCC: BUSINESS R/AT. ULLOOR-11 MUDUMUTT POST KUNDAPURA TALUK UDUPI DISTRICT – 576 219.
2. SRI. VIJAY S/O MANJUNATH ACHARYA AGED ABOUT 38 YEARS OCC: BUSINESS R/AT ULLOOR-II MUDDUMATT POST KUNDAPURA TALUK UDUPI DISTRICT – 576 219. (By Mr. Y.R. JOGI, ADV.,) AND:
1. THE ASSISTANT GENERAL MANAGER KARWAR REGION STATE BANK OF MYSORE REGIONAL OFFICE-3 KARWAR, MANGALURU ZONE KARWAR – 581 301.
2. THE AUTHORIZED OFFICER STATE BANK OF INDIA (CREDIT & NPA), UDUPI REGION KARNATAKA – 576 101.
… PETITIONERS 3. THE BRANCH MANAGER STATE BANK OF INDIA YEDTHARE (BYNDOOR) BRANCH UDUPI DISTRICT – 576 214.
4. MR. GANGADHAR NAIK THE SERVICE PROVIDER M/S C I INDIA PVT. LTD. GURGAON HARYANA STATE – 122 015.
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… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 28.12.2018 VIDE ANNEXURE-D ISSUED BY THE RESPONDENT NO.2. A PAPER PUBLICATION DATED 15.1.2019 DATED 11.1.2019 ISSUED BY THE R2 VIDE ANNEXURE-E & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Y.R.Jogi, learned counsel for the petitioners.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions under Articles 226 & 227 of the Constitution of India, the petitioners inter alia seek a writ of certiorari for quashment of the impugned notice dated 28.12.2018.
4. From perusal of the impugned notice, it is evident that the action against the petitioners is being taken under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
5. In view of the order dated 30.01.2019 passed in W.P.No.6594/2018 by this Court and for the reasons assigned therein, the petitioners have to take recourse to the remedy provided under Section 17 of the Act.
Accordingly, the petitions are disposed of with a liberty to the petitioners that in case the petitioners file an application for interim stay, the Tribunal shall pass appropriate order on the application for interim stay after affording an opportunity of hearing to the parties within a period of three days from the date of filing of such an application.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS