High Court Karnataka High Court

Smt Sundramma vs The Managing Director on 6 October, 2010

Karnataka High Court
Smt Sundramma vs The Managing Director on 6 October, 2010
Author: Mohan Shantanagoudar
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5*" om! OF OCTOBER 2010 __

BEFORE

THE HON'BLE MRJUSTICE MOHAN 5HANTAl$§}3i6"€:3f$.E55"Ai2{"'*" ~

wan PETITION NO.3215:Of2O1O(éMV}'F%esj'."'   "

BETWEEN I

M / s Elcicon Associates

(1) Private Limited  _
Having its registered office a;g..._. _  "
No.1001, Sri. Vaishnax/i"«--   ~
12th 'A' Main Road " * '

11 Cross,      
Indiranagar   ,  a  
Bangalore -=«,5'6G,;_:QO8 _   A
RepreVsented.Vf::)y its V' a
Managing Dire'£.:tO_f'Vi   -
Mr.K.C'.-.Varghese'v   ~ 

. . PETITIONER

 [By Sri.K'.SiHarish & Sri. S.J.Chouta, Advs.)

S-tate Banig; of Travencore

(Associateviof State Bank of India}
Residency Road Branch

 10%, Castle Street
* Ashoknagar

it 'Bangalore »~ 560 025.

. . RESPONDENT

This writ petition is filed under Articles 226 and
227 of the Constitution of India with a prayer to quash

by writ of certiorari or any other appropriate writ or
order or direction in the nature of writ, the notice .oӣthe
respondent dtd.6.9.10 as per Annex~–H. 7

This writ petition is coming on for__–*ji3re’lirS”iin:C1rg_V”.

hearing, this day, the Court made the followiiigz V ‘

oaosa S in S

The petitioner has solu._gii.t for”quashir1gt-thenotice2it’

issued under Section…’13(2}—-oi”p’:–thep’.Securitisation and
Reconstruction of Enforcement of
Security Interes:t’:Act§gfitlO_é ‘Act, 2002’) by
which the asked to file its
ariy; The petitioner has also
sought-for a direc_tivon:Vtoiitthehrespondent–Bank to release

the. _titlell°= docurnen_ts*~”g in relation to the property

‘ – Arr’1eriti.one’d in thle”‘ietter Annexure ‘G’.

entitlernent of the petitioner for title deeds

deupen’ds.’upon an ultimate decision to be taken under

it Ste-curitization Act. The respondent — Bank has issued

Algnotice to the petitioner under Section 13(2) of the Act

2002 as required in law. it is for the petitionerw

company to file its Statement of objections and raise all

\,/3

relevant grounds as are available to it in law. The
petitioner–company cannot rush to this Court by filing

the writ petition questioning the said notice.

Accordingly, writ petition stands _

iiberty to the petitioner to fiie Statement o_f’Obj.e_etions_to.r: ‘4

the notice issued under Section.’1i3′[2}Ai’

accordance with law. If obje_c’ti,ons are filed, same –. i’

shall be considered on’r.nerits,_._._VVV:A’

All questions are