IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2018 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.47933/2017 AND WRIT PETITION Nos.51811-51812/2017(GM-DRT) BETWEEN:
1. M/S ANNAPURNESHWARI AUTOMOBILES, PLOT NO.68, KULKARNI LAYOUT, RAMATHIRTHA NAGAR, KANBARGI BELAGAVI-590015.
REP BY ITS MANAGING PARTNER SRI IRANNA SALIMATH 2. SRI IRANNA A SALIMATH S/O ADAVAYYA AGED ABOUT 45 YEARS, OCC:BUSINESS R/O PLOT NO.68. KULKARNI LAYOUT, RAMATHIRTHA NAGAR KANBARGI BELAGAVI-590015.
3. MRS. ISHWARI I SALIMATH W/O SRI IRANNA A SALIMATH AGED ABOUT 42 YEARS, OCC:HOUSEHOLD R/O PLOT NO.68, KULKARNI LAYOUT RAMATHIRTHA NAGAR, KANBARGI, BELAGAVI-590015.
... PETITIONERS (BY SRI S. S. MAMADAPUR, ADVOCATE .. ABSENT) AND:
1. THE AUTHORIZED OFFICER, KARNATAKA BANK LIMITED MANAGEMENT BRANCH 3RD FLOOR, KASTURBA ROAD, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER BELAGAUM DIVISION BELGAUM-590001 3. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER BELGAUM SUB DIVISION, BELGAUM-590001.
... RESPONDENTS (BY SRI Y. V. PARTHASARATHY, ADVOCATE FOR C/R1 SMT. NILOUFER AKBAR AGA FOR R2 AND R3) **** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.07.2017 PASSED BY THE DEBTS RECOVERY TRIBUNAL - II, BENGALURU IN S.A. NO. 173/2017 AT ANNEXURE-J AS WELL AS THE ORDER DATED 20.06.2017 PASSED BY R-3 IN CASE BEARING NO. RRC / CR -37 / 16-17 AT ANNEXURE-F.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R When the matter came up before this Court on 27.11.2018, none appeared for the petitioners and Sri Y.V. Parthasarathy, learned counsel for the caveator/Respondent No.1 submitted that the respondent – bank has filed I.A. No.1/2018 to dismiss the writ petitions on the ground that the writ petitions filed against the order passed by the Debts Recovery Tribunal, are not maintainable as the petitioners have got an alternative remedy of appeal before the Debts Recovery Appellate Tribunal, under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and further though this Court as long back as on 15.11.2017 itself granted time to settle the matter, till today the petitioners have not come forward to settle the matter and taking advantage of the order passed by this Court, the petitioners have not paid a single paisa and therefore the writ petitions may be dismissed. Recording the said submissions, the matter was adjourned on the last occasion.
2. Today, the matter is called both in the morning session as well as in the post-lunch session. None appeared for the petitioners. Prima-facie the writ petitions are not maintainable as the petitioners have got an alternative remedy of appeal before the appellate authority as stated supra.
3. In view of non-appearance of learned counsel for the petitioners, the writ petitions are dismissed for default.
Sd/-
JUDGE Gss/-