IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22145 OF 2018 (GM-DRT) BETWEEN:
M/S ALPINE HOUSING DEVELOPMENT CORPORATION LTD., OFFICE AT NO.302, ALPINE ARCH, NO.10, LANGFORD ROAD, BENGALURU - 560027. REPRESENTED BY ITS MANAGING DIRECTOR, MR. S.A. KABEER, AGED ABOUT 65 YEARS, S/O. LATE. SYED ABDUL ZAHIR.
… PETITIONER (BY SRI VIVEK B.N. – ADVOCATE FOR SRI ABHINAV R FOR M/S KUMAR & KUMAR ) AND:
1. THE IDBI BANK LTD ASHWINI COMPLEX, #326, JUNCTION OF 6TH MAIN, 80 FEET ROAD, OPP. SPENERS FOOD MALL, INDIRANAGARA, BENGALURU - 560038.
REGD. OFFICE: IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI – 400 005.
REPRESENTED BY SRI.VASANTHAN ANNADURAI, ASSISTANT MANAGER & POWER OF ATTORNEY HOLDER.
2. MR. SAI. KRISHNA J. S/O. M.J. NAMBIAR, AGED ABOUT 45 YEARS 3. SMT. VIDYA KRISHNA W/O. MR. SAI KRISHNA J. AGED ABOUT 41 YEARS BOTH ARE RESIDING AT #004, GROUND FLOOR, VITHALA APARTMENTS, KALENA AGRAHARA, BANNERGHATTA, BENGALURU - 76.
4. THE RECOVERY OFFICER - II DEBTS RECOVERY TRIBUNAL - I, LIC JEEVAN BUILDING, NO.4, RESIDENCY ROAD, OPP. CASH PHARMACY, NEAR BISHOP COTTON BOYS HIGH SCHOOL, BENGALURU - 560025.
… RESPONDENTS (BY SRI T.P. MUTHANNA – ADV., FOR R-1; R-4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE DEBT RECOVERY TRIBUNAL IN APPLICATION BEARING I.A.NO.1046/2017 IN I.R. NO.1194/2017 DTD:14.3.2018 AT ANNEXURE-J TO THE WRIT PETITION AND GRANT AN OPPORTUNITY TO THE PETITIONER HEREIN TO CONTEST THE MATTER ON MERITS BY ALLOWING THE PETITION FILED BY HIM.
QUASH THE ORDER DTD:14.5.2018 PASSED BY THE RECOVERY OFFICER-II, DEBT RECOVERY TRIBUNAL-I, BENGALURU THE R-4 IN DRC NO.9564/2017 AT ANNEXURE- K TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Vivek B.N., learned counsel for Sri. Abhinav R, learned counsel for the petitioner.
Sri. T. P. Muthanna, learned counsel for respondent No.1.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner inter alia has prayed for the following reliefs :-
(a) Issue a writ in the nature of certiorari quashing the order passed by the Debt Recovery Tribunal in application bearing I.A.No.1046/2017 in I.R.No.1194/2017 dated 14.03.2018 at Annexure “J” to the Writ Petition and grant an opportunity to the petitioner herein to contest the matter on merits by allowing the petition filed by him;
(b) Issue a writ in the nature of certiorari quashing the order dated 14.05.2018 passed by the Recovery officer-II, Debt Recovery Tribunal-I, Bengaluru, the 4th respondent in DRC No.9564/2017 at Annexure-K to the writ petition;
3. Against the order dated 14.03.2018 passed by the Presiding Officer of the Debt Recovery Tribunal, the petitioner has got an efficacious and alternative remedy under Section 20 of the Recovery of Debt and Bankruptcy Act, 1993 (hereinafter referred to as ‘the Act’ for short). Similarly, against the order dated 14.05.2018 passed by the Recovery Officer, Debt Recovery Tribunal, the petitioner has got an alternative and efficacious remedy under Section 30 of the Act.
Further, for the reasons assigned in the order passed by this Court in W.P.No.6594/2018 dated 30.01.2019 wherein the petitioner therein has been directed to avail the alternative remedy under the above said Act, the petitioner herein is also extended the benefit of availing of the alternative remedy.
4. Accordingly, the petition is disposed of with liberty to the petitioner to take recourse to the remedies provided under Sections 20 and 30 of the Act. In case the petitioner files appeals within three weeks from the date of certified copy of the order passed in this petition today, along with the application for stay, the Debt Recovery Tribunal shall extend the benefit of the principles contained in Section 14 of the Limitation Act, 1963 and decide the appeal preferred by the petitioner on merits in accordance with law.
Ad-interim stay granted by this Court shall continue till the petitioner approaches the Debt Recovery Tribunal by filing an appeal.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE rs