IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8326 OF 2018 (GM-RES) BETWEEN:
SMT UMA R W/O S M NAGESH AGED ABOUT 41 YEARS RESIDING AT NO.27/2 GROUND FLOOR, 2ND CROSS NAGAPPA BLOCK, G.NAGAR BENGALURU – 560 019.
(BY SRI.MARKANDA SETTY, ADV. FOR SRI N SURESHA, ADV.) AND:
1. LIC HOUSING FINANCE LTD. BANK OFFICE:15/1 HAYES CENTRE, HAYES ROAD BENGALURU – 560025 REPRESENTED BY ITS AUTHORISED OFFICER.
2. SRI RAVI SHANKAR SHESHADRI S/O LATE SHESHADRI AGED ABOUT 49 YEARS NO.73, BSK 1ST STAGE 2ND BLOCK, 19TH MAIN 5TH CROSS BENGALURU – 560 050.
… PETITIONER … RESPONDENTS (BY SRI.RAJESH SHETTY, ADV. FOR R.1, PETITION AGAINST R.2 DISMISSED VIDE COURT ORDER DATED 29.5.18) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT 1ST RESPONDENT NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULE PROPERTY AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Markanda Setty, learned counsel for Sri.N.Suresha, learned counsel for the petitioner.
Sri.Rajesh Shetty, learned counsel for respondent No.1.
The Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, 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, petition is disposed of with liberty to the petitioner that in case he files an application before the Debts Recovery Tribunal within a period of four 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 dated 22.02.2018 granted by a bench of this Court, shall continue for a period of four weeks from the date of receipt of the certified copy of the order passed today.
Sd/- JUDGE dn/-