IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.3427/2018 (GM – RES) BETWEEN:
MR. VISHWAPRAKASH S M S/O MARI GOWDA, AGE 31 YEARS, R/AT NO.880, 18TH CROSS, BDA LAYOUT, MARIYAPPANAPALYA, BANGALORE-560056.
(By Sri. N.SURESHA, ADV.-ABSENT) AND 1. CANARA BANK NO.118, 12TH CROSS, IDEA HOMES TOWNSHIP, RAJARAJESHWARI NAGAR, BANGALORE-560098 REP. BY AUTHORIZED OFFICER 2. MR SIDDESH A S S/O SIDDRAME GOWDA, AGE 26 YEARS, NO.880, 18TH CROSS, BDA LAYOUT, MARIYAPPANAPALYA, BANGALORE-560056 (By CANARA BANK, BENGALURU SERVED) ... PETITIONER ... RESPONDENT(S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED: 20.12.2017, WHICH IS AT ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R None for the petitioner.
The petition is admitted for hearing. Perused the records.
2. In this petition, the petitioner inter alia has assailed the validity of sale notice dated 20.12.2017 issued under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short). A Bench of this Court by order dated 25.01.2018 had granted an ad-interim order, by which respondent No.1 was directed not to confirm the sale or create third party right subject to the petitioner or respondent No.2 depositing a sum of Rs.10 lakhs with respondent No.1.
3. In the fact situation of the case and for the reasons assigned by this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018, the remedy available for the petitioner is to file an application under Section 17 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 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.
5. Till the petitioner files an application, ad-interim order dated 25.01.2018 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.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ln.