IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8056 OF 2018 AND WRIT PETITION Nos.11643-11644/2018 (GM-RES) BETWEEN:
1. Tabreej B.J.
S/o Abdul Jabbar, Aged about 38 years, Proprietor, Popular Malvi Driving School, 2. Abdul Jabar, S/o Abdul Gafoor Sab, Aged about 67 years, Business, 3. Smt. Muneera Begum, W/o. Abdul Jabbar, Aged about 60 years, All are R/o, Door No.2733/2, 2nd Main, 4th Cross, MCC ‘B’ Block, Davanagere-577 002.
Also at: Door No.1299/55-56-57, 8th Ward, Vijayanagar Badavane, Kondajji Road, Davanagere-577 006.
… Petitioners (By Sri. Revanna Bellari, Advocate) AND:
1. The Chief Manager, State Bank of India, Davangere Branch, No.44, BSE Avenue, Akkamahadevi Road, Opp. Chethana Hotel, P. J. Extension, Davanagere-2. (08192-250 808) 2. The Deputy Commissioner, Davangere District, Zilladalitha Bhavan, Davangere-577 006.
(By Sri. Vijay Kumar A. Patil, AGA) …Respondents These Writ Petitions are filed under Article 226 of the Constitution of India, praying to quash the E-Auction Sale notice dated 14.12.2016 at Annexure-E and proceedings to take possession by the R-2 to hand over to possession of the R-1 under the proceedings under MAG (3) CR 34/2017-18 dated 07.12.2017 at Annexure-H on the file of the R-2 and etc.
These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri. Revanna Bellari, learned counsel for the petitioners.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
Petitions are admitted for hearing. With the consent of the parties, the same is heard finally.
2. In these petitions, petitioners inter alia seeks quashment of E-Auction Sale Notice dated 14.12.2016 issued by State Bank of India, Davangere branch at Annexure-E 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 petitioners is to file an application under Section 17 of the Act.
4. Accordingly, petitions are disposed of with a 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.
Sd/- JUDGE Mds/-