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 NOS.17152-17153 OF 2018 (GM - RES) BETWEEN:
1. M/S. ZEN ORTHO PVT. LTD., REPRESENTED BY ITS PROPRIETOR MR.PRASANNA KUMAR P S/O PERUMAL S AGED ABOUT 38 YEARS.
2. MR.PRASANNA KUMAR P AGED ABOUT 38 YEARS S/O PERUMAL S 3. MR.PERUMAL S AGED ABOUT 74 YRSS S/O SITARAM NAIDU ALL PETITIONERS RESIDING AT:
P-136, 4TH ‘A’ CROSS NAGAPPA BLOCK BANGALORE – 560 021.
... PETITIONERS (BY SRI VASANTH ADITYA J, ADVOCATE FOR M/S. KREETAM LAW ASSTS., ADVOCATES - ABSENT) AND :
THE CHIEF AUTHORISED OFFICER SREE TYAGARAJA CO-OPERATIVE BANK N.R.COLONY BANGALORE – 560 019.
... RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A STAY OF ALL PROCEEDINGS UNDER THE SARFAESI ACT IN THE DRT FOR WANT OF JURISDICTION AND NOT TO CONFIRM ANY SALE PROCEEDINGS VIDE AUCTION NOTICE DATED 20.03.2018 VIDE ANNEXURE – M AND ETC., - - -
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioners.
2. On 25.01.2019, adjournment was sought on behalf of the petitioners that arguing counsel is indisposed and therefore, in the interest of justice by way of last chance, two weeks time was granted to the learned counsel for the petitioner to argue the matter.
3. However, when the matter is taken up today, none appeared on behalf of the petitioner.
4. Perused the record. Petitions are admitted for hearing.
5. In these petitions, petitioners have 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).
6. 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 petitioners is to file an application under Section 17 of the Act.
7. Accordingly, petitions are disposed of with liberty to the petitioners that in case they file application before the Debts Recovery Tribunal within a period of six weeks from the date of receipt of certified copy of the order passed today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE VMB