IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.6100-101 OF 2018(GM-DRT) BETWEEN:
BANGALORE METRO RAIL CORPORATION BMTC COMPLEX, 3RD FLOOR, K H ROAD SHANTHINAGAR, BANGALORE - 27 REPRESENTED BY ITS GENERAL MANAGER (LAW -LIT-II) SRI M S BALAKRISHNA (By MR.VENKATESH P DALWAI, ADV.) AND:
1. CANARA BANK ARM BRANCH - 1, 2ND FLOOR, SPENCER TOWERS, NO 86, M G ROAD, BANGALORE - 560001 REPRESENTED BY ITS CHIEF MANAGER 2. CHAMUNDI INDUSTRIES LTD NO 17/21, 4TH FLOOR, CASA CAPITOL WOOD STREET ASHOK NAGAR BANGALORE- 25 REP BY THE DIRECTOR … PETITIONER … RESPONDENTS (By MR.M R SHASHIDHAR, ADV. FOR R1 (ABSENT) MR.KIRAN S JAVALI, ADV. FOR R2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 13.7.17 PASSED BY THE RECOVERY OFFICER-I, DEBT RECOVERY TRIBUNAL-II AT BANGALORE IN D R C NO.10111 ARISING OUT OF O A NO 364/2008 PRODUCED AT ANNEXURE-A (IN SO FAR IT RELATES TO 1549 SQ METERS IN SY NO. 55/6 SITUATED AT HONGASANDRA, BEGUR-1, BANGALORE SOUTH TALUKA); AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Venkatesh P.Dalwai, learned counsel for the petitioner.
Mr.Kiran S.Jawali, learned counsel for the respondent No.2.
None for the respondent No.1.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner has prayed for the following relief:
a) A writ in the nature of certiorari by quashing the order dated 13.7.17 passed by the Recovery Officer-1, Debt Recovery Tribunal-II at Bangalore in DRC No.10111 arising out of O.A.No.364/2008 produced at Annexure-A (in so far it relates to 1549 sq.meters in Sy.No.55/6 situated at Hongasandra, Begur-1, Bangalore South Taluka) in the interest of justice and equity.
b) A writ in the nature of certiorari by quashing order dated 29.12.2017 passed by the Recovery Officer-1, Debt Recovery Tribunal-II at Bangalore in TRC No.491/2017 arising out of O.A.No.364/2008 produced at Annexure-G in the interest of justice and equity.
4. For the reasons assigned by this Court in the interim order dated 26.02.2018, the impugned orders dated 13.07.2017 and 29.12.2017 are hereby quashed.
In the result, the petitions are allowed.
Sd/- JUDGE RV