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. 42259 OF 2015 (GM-RES) BETWEEN:
MR.YUSUF M. @ RAJA S/O MR.SUNDAR AGED ABOUT 45 YEARS NO.200, 27TH ‘A’ MAIN ROAD HUTS COLONY, BTB AREA 4TH BLOCK, JAYANAGAR EAST HOMBEGOWDANAGAR BENGALURU – 560 041.
(BY SMT.KAVITHA.D, ADV.) … PETITIONER AND:
M/S.BANGALORE CITY CO-OPERATIVE BANK LTD A.O.NO.3 PAMPAMAHAKAVI ROAD CHAMRAJPET BENGALURU – 560 018. REPRESENTED BY ITS CHIEF MANAGER/AUTHORISED OFFICER.
… RESPONDENT (BY SMT.H.R.UMADEVI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS DATED : 15.09.2015 VIDE ANN-E IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. D. Kavitha, learned counsel for the petitioner.
Smt. H.R.Umadevi, learned counsel for respondent.
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 inter alia seeks for a direction to the respondent to consider the representation dated 15.09.2015 contained in Annexure-E.
3. Learned counsel for the petitioner submits that the writ petition may be disposed of with liberty to the petitioner to take recourse to the remedy available to him under Section 17 of the 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 aforesaid submission, the writ 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. Ad-interim order, if any, shall continue for a period of three weeks provided the petitioner has complied with the conditions prescribed thereunder.
6. In view of the disposal of the main petition, all pending interlocutory applications stand dismissed.
It is made clear that this Court has not expressed any opinion on the merits of the case.
dn/-
Sd/- JUDGE