Sri. G. Premshankar Kumar vs State Bank Of Hyderabad on 30 November, 2016

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Karnataka High Court

Sri. G. Premshankar Kumar vs State Bank Of Hyderabad on 30 November, 2016

Bench: A.N. Venugopala Gowda

                           1




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH


       DATED THIS THE 30TH DAY OF NOVEMBER, 2016

                      BEFORE

 THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

         WRIT PETITION NO.59680/2015 (GM-RES)


BETWEEN:


SRI G. PREMSHANKER KUMAR
AGE: 36 YEARS,
S/O LATE G. VASANT KUMAR
PROP. OF M/S PREM RICE MILL
PREM TALKIES ROAD
MANVI TQ. MANVI- 584 123
DIST:RAICHUR

                                        ... PETITIONER

(BY SRI SATISH R. GIRJI, ADV-ABSENT)


AND:

STATE BANK OF HYDERABAD
A.D.B. MANVI, BRANCH
TQ. MANVI, DIST. RAICHUR
REPRESENTED BY ITS CHIEF MANAGER
PIN-584 123
                                       ... RESPONDENT

(BY SRI MANVENDRA REDDY, ADV.)
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      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

POSSESSION NOTICE DATED 16.10.2015 ISSUED BY THE

RESPONDET VIDE ANNXURE-B DIRECT THE RESPONDENT TO

PROVIDE REASONABLE TIME OF NOT LESS THAN 6 MONTHS

FOR REPAYMENT OF ENTIRE DUE AMOUNT.


      THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

This petition was filed on 30.12.2015 to quash Annexure-B, a possession notice dated 16.10.2015, issued by the respondent in exercise of the powers vested under S.13(4) of the SARFAESI Act, 2002.

In view of the Full Bench decision of this Court in M/s.Deepak Apparels Pvt. Ltd. Vs. City Union Bank Ltd. and Others, 2016 (2) KCCR 1130, and there being alternative remedy available under S.17 of the SARFAESI Act, the petition cannot be entertained. 3

Reserving liberty to the petitioner to avail the statutory remedy and leaving open all contentions, the petition is disposed of.

The time taken in prosecution of this petition from 30.12.2015 shall stand excluded if the statutory remedy is availed on or before 17.12.2016.

Sd/-

JUDGE sac*

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