IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53461 OF 2018 (GM-RES) BETWEEN:
1. T L SHIVARAMAYYA S/O LATE LINGAPPA AGED 68 YEARS 2. KRISHNAVENI W/O T L SHIVARAMAYYA AGED 56 YEARS BOTH ARE RESIDING AT BANASHANKARI MAIN ROAD A S K PALYA OPP 3RD CROSS BANASHANKARI TUMKUR REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER VANI T.S AGED 39 YEARS D/O T L SHIVARAMAYYA BANASHANKARI MAIN ROAD A.S.K. PALYA OPP 3RD CROSS BANASHANKARI TUMKUR (By Mr. T L SHIVARAMAYYA, PARTY-IN-PERSON REP.BY GPA HOLDER SMT. VANI T S) AND:
1. THE AUTHORISED OFFICER STHREE SHARADA MAHILA CO-OPERATIVE BANK LTD STREE JAYA CHAMARAJENDRA ROAD TUMKUR BRANCH TUMKUR … PETITIONERS 2. THE DISTRICT MAGISTRATE TUMKUR DISTRICT TUMKUR (By SRI. SAILESA S K, ADV. FOR R1 SMT. PRATIMA HONNAPURA, AGA FOR R2) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD: 26.04.2018 PASSED BY THE R-2, DISTRICT MAGISTRATE, TUMKUR DISTRICT, TUMKUR IN PROCEEDINGS NO.MSC (R-7) CR 33/2016-17 UNDER SECTION 14 OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 VIDE ANNX-H; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Vani T.S, general power of attorney holder for Mr.T.L.Shivaramayya, party-in-person.
Mr.Sailesa S.K., learned counsel for the respondent No.1.
Smt.Prathima Honnapura, learned Additional Government Advocate for the respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 26.04.2018 passed by the respondent No.2, District Magistrate, Tumkur 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).
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioners have a remedy of filing an application under Section 17 of the Act.
5. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioners avail of the remedy provided to them under Section 17 of the Act within three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioners and shall decide the application. Till then, the interim order dated 13.12.2018 shall continue.
Sd/- JUDGE RV