IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.34497/2017 (GM-DRT) AND WRIT PETITION No.38174/2017 (GM-DRT) BETWEEN:
1. M/S BANGALORE MANAGEMENT ACADEMY PVT LTD REPRESENTED BY ITS MANAGING DIRECTOR SRI ROBERT ROBINSON DONISON S/O SRI ROBINDSON AGE 50 YEARS, NO.17, ASHIRWAD TOWERS MAHADEVAPURA RING ROAD MARATHAHALLI BANGALORE 560037 2. SRI ROBERT ROBINSON DONISON S/O SRI ROBINSON NO.30 BAGAWATHY NAGAR IAF STATION ROAD THAMBRAM EAST CHENNAI 600059 (BY SRI.N.SURESHA, ADV.) AND:
1. THE IDBI BANK LTD NO.102, SHAKTHI COMFORTS TOWERS ... PETITIONERS K H ROAD, BANGALORE 560027 REREPSETNED BY ITS CHIEF MANAGER 2. UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILDING SANSAD MARG, NEW DELHI 110001 RERPESENTED BY UNDER SECRETRAY TO GOVERNMENT OF INDIA 3. ANURADHA GANESH RECOVERY OFFICER-I, DEBT RECOVERY TRIBNAL-II NO.4, 2ND FLOOR JEEVAN MANGAL BUIDLING RESIDENCY ROAD BANGALORE 560025 ... RESPONDENTS (BY SRI.K.V.LOKESH, ADV. FOR R1 SRI.THIMMANNA BHAT DEVATHE, CGC FOR R2 & R3 [ABSENT]) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RECOVERY OFFICER TO QUASH THE ORDERS DTD:23.6.2017 AND ENTIRE PROCEEDINGS WHICH IS AT ANNEXURE-C.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.N.Suresha, learned counsel for the petitioners. Sri.K.V.Lokesh, learned counsel for respondent No.1.
2. In these petitions, the petitioners inter alia seeks for a direction to the recovery officer to quash the order dated 23.06.2017 and entire proceedings contained in Annexure-C.
3. When the matter was taken up today, learned counsel for respondents submitted that the order passed by the Debts Recovery Tribunal, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) is appealable under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act’ for short).
4. In view of the judgment laid down by the Hon’ble Supreme Court in ‘UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110, writ petitions are disposed of with a liberty to the petitioners to take recourse to the remedy i.e., an appeal provided under the Act.
5. It is needless to state that in case the petitioners resort to the remedy mentioned above within a period of three weeks from the date of receipt of the certified copy of the order passed today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Accordingly, the petitions are disposed of.
Sd/- JUDGE VM