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HIGH COURT OF KARNATAKA
ALOK ARADHE
SRI. GOGINENI DAMODARA – Appellant
Versus
M/S HDFC BANK LTD – Respondent
WP/31056/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY 2019
BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NO.31056 OF 2018 (GM-RES)
BETWEEN:
SRI. GOGINENI DAMODARA
RAMAKRISHNA
S/O GOGINENI VENKATAPPA
DAMODARA NAIDU,
R/AT NO.1334, 26TH MAIN,
27TH CROSS,
BANASHANKARI II STAGE,
BENGALURU - 560 070
… PETITIONER
(BY SRI. N. SURESHA, ADVOCATE-ABSENT)
AND:
1.
M/S HDFC BANK LTD
OFFICE SITUTATED AT GOLDEN TOWERS,
3RD FLOOR, NEXT TO GOLDEN ENCLAVE,
KODIHALLI,
OLD AIRPORT ROAD,
BENGALURU - 560 008
REPRESENTED BY
THE AUTHORISED OFFICER
2.
SMT G. K. PARIJATHA
W/O GOGINENI DAMODARA
RAMAKRISHNA DAMODARA NAIDU,
R/AT NO.1334,
26TH MAIN, 27TH CROSS,
BANASHANKARI II STAGE,
BENGALURU - 560 070
2
3.
KUM SONIKA KRISHNA G
D/O GOGINENI
DAMODARA RAMAKRISHNA
DAMODARA NAIDU,
R/AT NO.1334, 26TH MAIN,
27TH CROSS, BANASHANKARI II STAGE,
BENGALURU - 560 070
… RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1;
V/O DATED 10.09.2018 NOTICE TO R2 AND R3
IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH
THE
ORDER
DATED
01.06.2018
IN
C.MIS.NO.2670/2017
ON
THE
FILE
OF
III
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
BANGALORE IN ANNEXURE-C AND ETC.
THIS
WRIT
PETITION
COMING
ON
FOR
PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
None for the petitioner.
Sri.
Francis
Xavier,
learned
counsel
for
respondent No.1.
Record perused.
2.
In this petition, petitioner inter alia
seeks quashment of the order dated 01.06.2018
passed in C.Misc.No.2670/2017 on the file of the III
3
Additional Chief Metropolitan Magistrate, Bengaluru
contained in Annexure-C passed under Section 14
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, 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.
4
5.
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
Mds/-
