IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.52817-52818 OF 2017 (GM-RES) BETWEEN:
M/S VILLAGE SUPER MARKET GROUND AND BASEMENT FLOORS KRISTAL TAVERN, COMMERCIAL COMPLEX AMBALIPURA VILLAGE BELLANDUR GATE BENGALURU 560037.
A PARTNERSHIP FIRM REPRESENTED BY IT’S MANAGING PARTNER SRI A K IBRAHIM S/O MR. KUNHABULLA … PETITIONER (BY SRI. PRAVEEN KUMAR K.N., ADV.) AND:
1. THE UNION OF INDIA REPRESETNED BY ITS UNDER SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF ECONOMIC AFFAIRS BANKING DIVISION JEEVAN DEEP BUILDING PARLIAMENT STREET NEW DELHI 610001.
2. ICICI BANK LIMITED #4/10, MYTHREE TOWERS HOSUR ROAD, BOMMANAHALLI BENGALURU 560068 RERPESENTED ITS AUTHORISED OFFICER.
3. M/S KRISTAL CLUBS & RESORTS (INDIA) PVT LTD.
A PRIVATE LIMITED COMPANY DULY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT AND HAVING IT’S CORPORATE OFFICE AT NO-1 29TH MAIN ROAD, 4TH CROSS, BTM II STAGE BENGALURU 560076 REPRESENTING BY ITS MANAGING DIRECTOR MRS. LATHA K. NAMBOODRI W/O K. K. NAMBOODRI.
… RESPONDENTS (BY SRI. S. RAMAKRISHNAN, ADV. FOR R-2; R-3 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 BANK NOT TO DISPOSSESS THE PETITIONER FROM SUBJECT PROPERTY WITHOUT DUE PROCESS OF LAW AND NOT TO EXECUTE THE VACATION NOTICE DTD.13.11.2017 ISSUED UNDER SECTION 13(4) OF SARFAESI ACT (ANNEX-A) AGAINST THE PETITIONER IN RESPECT OF SUBJECT PROPERTY AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Praveen Kumar K.N., learned counsel for the petitioner.
Sri. S. Ramakrishnan, learned counsel for respondent No.2.
In these petitions, petitioner has assailed the validity of the action taken 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 of the Act.
4. Accordingly, petitions are 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. Till the petitioner files an application, ad-interim order dated 22.11.2017 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petitions are disposed of.
Sd/- JUDGE Mds/-