IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.1795/2015 (GM-RES) BETWEEN:
SMT.VASANTHA LAKSHMI, W/O MURALIACHAR, AGED ABOUT 35 YEARS, RESIDING AT NO.4/D, BEL AMAR ESTATE, RUKUMINI NAGAR, NAGASANDRA POST, BANGALORE – 560 073. …PETITIONER (BY SRI. R.CHANNAKESHAVA, ADVOCATE – ABSENT) AND:
1. UNITED BANK OF INDIA, CONTONMENT BRANCH, BENGALURU – 560 001. REPRESENTED BY AUTHORIZED OFFICER.
2. MURALI ACHAR, AGED ABOUT 35 YEARS, RESIDING AT NO.4/D, BEL AMAR ESTATE, RUKUMINI NAGAR, NAGASANDRA POST, BANGALORE – 560 073. …RESPONDENTS (BY MS.NATASHA N MURTHY FOR SRI.VIGNESH SHETTY, ADVOCATES FOR R1; R2 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND QUASH THE ORDERS DATED 01.06.2012 IN C.MIS.NO.4296/2012 PASSED BY THE LEARNED 7TH ACMM BENGALURU ON THE FILE OF AT ANNEXURE – A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for petitioner.
Ms. Natasha N. Murthy, for Mr. Vignesh Shetty, learned counsel for respondent No.1.
2. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 01.06.2012 passed by the learned Additional Chief Metropolitan Magistrate, Bangalore, in proceedings 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).
3. A Bench of this Court while entertaining the writ petition, by an ad-interim order dated 20.01.2015 had restrained the respondents from taking possession of the petition schedule property subject to the petitioner depositing a sum of Rs.5,00,000/- within four weeks from 20.01.2015.
4. 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 of the Act.
5. 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 three 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.
6. Till the petitioner files an application, ad-interim order dated 20.01.2015 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE VP