IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51250/2019(GM-DRT) SMT. ALAMELU W/O LATE MANDIRI AGED 64 YEARS, RESIDING AT NO.39, 3RD CROSS, KADIRAPPA ROAD NEAR GANESH TEMPLE DODDIGUNTA, COX TOWN BANGALORE-560005.
(BY SRI V. R. VINAY KUMAR, ADVOCATE FOR SRI V. B. RAVISHANKAR, ADVOCATE) AND:
1 . THE AUTHORIZED OFFICER CANARA BANK, ARMB BRANCH NO.86, 2ND FLOOR, SPENCERS TOWERS, M G ROAD BANGALORE-560001 2 . M/S JAIN STEEL AND ALLOYS PLOT NO.88, 89, 90 ANTHRASANAHALLI INDUSTRIAL AREA 2ND PHASE, KIADB AREA TUMKUR-572106 REPRESENTED BY ITS PARTNERS SRI KANAKAMULL AND SRI ASHISH KUMAR ...PETITIONER 3 . SRI ASHISH KUMAR S/O SRI KANAKAMULL C NO.100, M. M. ROAD, FRAZER TOWN, BANGALORE-560005.
… …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE DEBT RECOVERY TRIBUNAL AT BANGALORE TO CONSIDER THE APPLICATION No.1554/2019 FILED IN IR NO.1253/2019 (VIDE ANNEXURE-D) AND ETC, THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner filed the present writ petition seeking a writ of mandamus to direct the Debts Recovery Tribunal, Bengaluru, to consider the application No.1554/2019 filed in IR No.1253/2019 vide Annexure-D, mainly on the ground that the Tribunal is not deciding the application filed, and taking advantage of the same, the respondent Bank is trying to dispossess the petitioner from the schedule property.
2. Admittedly, the application is filed on 11.11.2019.
It is for the petitioner to pursue the application before the Tribunal. This Court, in exercise of powers under Articles 226 and 227 of the Constitution of India, cannot direct the Tribunal to consider the application. It is for the Tribunal to consider the application, in time.
3. In view of the above, the writ petition is disposed off with liberty to the petitioner to pursue the application pending before the Debts Recovery Tribunal.
Sd/- JUDGE kcm