IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.22845-22846 OF 2018 (GM-RES) BETWEEN:
SMT. SUSHEELA N. DAS W/O K NARASIMHA DAS, AGED ABOUT 72 YEARS, AT NO.544, IIIRD FLOOR, 10 A MAIN ROAD, BEHIND A2B HOTEL, 5TH BLOCK, JAYANAGAR BENGALURU-560041 … PETITIONER (BY SRI.R.CHANNAKESHAVA, ADV.) AND:
1. HANUMANTHA NAGAR CO-OPERATIVE BANK NO.7/29, 3RD MAIN ROAD, K.P POORNACHANDRA TEJASWI ROAD, IST CROSS, HANUMANTHA NAGAR, BANGALORE-560 019 REPRESENTED BY HIS AUTHORIZED OFFICER.
2. N SURYA PRAKASH S/O LATE NARASIMHA DAS K, AGE 55 YEARS 3. N SUDHA D/O LATE NARASIMHA DAS K, AGE 48 YEARS 4. MRS. GEETHA S PRAKASH W/O SURYA PRAKASH NARASIMHA, AGE 48 YEARS 5. KUM.NIDHI S PRAKASH D/O SURYA PRAKASH N, AGE 32 YEARS RESPONDENTS NO.2 TO 5 ARE R/AT NO.544, IST FLOOR, 10TH A MAIN, 38TH CROSS, 5TH BLOCK, JAYANAGAR, BENGALURU-560041 … RESPONDENTS (BY SRI.A.DEVARAJA, ADV. FOR R-1;
SRI.VENKATA SUBRAMANIAN R, ADV. FOR R-2 TO 4; R-5 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULE PROPERTIES AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.R.Channakeshava, learned counsel for the petitioner.
Sri.A.Devaraja, learned counsel for respondent No.1.
Sri.Venkata Subramanian.R, learned counsel for respondent Nos.2 to 4.
The Petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In these petitions, petitioner has assailed the validity of possession notice by respondent-Bank under Section 13(4) 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 petitioner is to file an application under Section 17(4A) of the Act.
4. Accordingly, petitions are disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of eight weeks from the date of receipt of certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
5. Ad-interim order, if any, shall continue for a period of eight weeks from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE dn/-