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.38540 OF 2015 (GM-RES) BETWEEN:
VEDA MURTHY C.P. S/O PAPANNA AGE 28 YEARS PLOT NO.P-8 3RD STAGE, PEENYA INDUSTRIAL ESTATE BENGALURU – 560 058.
(BY MR. N. SURESHA, ADV.) AND:
1. THE BANGALORE CITY COOPERATIVE BANK LTD A.O.NO.3 PAMPA MAHAKAVI ROAD CHAMARAJPET BANGALORE – 560 018 REPRESENTED BY ITS AUTHORIZED OFFICER.
2. BHOJARAJU S/O UGREGOWDA AGE 53 YEARS.
3. LATHA W/O BHOJRAJ AGE 45 YEARS.
RESPONDENTS NO.2 AND 3 ARE RESIDING AT NO.43, 35TH CROSS 2ND BLOCK RAJAJINAGAR BANGALORE – 560 010.
… PETITIONER … RESPONDENTS (BY SMT. H.R. UMADEVI ADV. FOR R1 R2 & R3 SERVED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 NOT TO TAKE PHYSCIAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTY & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.N.Suresha, learned counsel for the petitioner. Smt.H.R.Umadevi, learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned notice under rule 8(1) of the Security Interest (Enforcement) Rules, 2002 read with 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 petitioner has a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner 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 petitioner and shall decide the application. Till then, the interim order shall continue for a period of eight weeks.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE ss