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 No.2957 of 2019 (GM-DRT) BETWEEN:
JAFFARSAB, S/O GUDUSAB ANANTHPUR @ MOHAMMED JAFFAR, AGED ABOUT 46 YEARS, OCC:PROPRIETOR OF M/S. J.G. ANANTAPUR POHA MILL, RESIDENT OF CHIKKERUR VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT.
(BY SRI NITYANAND V. NAIK, ADVOCATE) AND:
1. CANARA BANK, CHIKKERUR BRANCH, CHIKKERUR VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT – 581 111. REPRESENTED BY ITS MANAGER.
... PETITIONER (A GOVERNMENT OF INDIA UNDERTAKING) 2. THE RECOVERY OFFICER-1 DRT, BENGALURU – 580 001.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RECOVERY CERTIFICATE BEARING No.14449, DATED 29.10.2018 ISSUED BY THE PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL, BENGALURU IN O.A.No.1495 of 2016 VIDE ANNEXURE-G AND ALSO THE DEMAND NOTICE DATED 29.11.2018 ISSUED BY THE RECOVERY OFFICER, DRT-1, BENGALURU VIDE ANNEXURE-H AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Nithyanand V Naik., learned counsel for the petitioner.
Perused. The petition is admitted for hearing.
2. In this petition, the petitioner has, inter alia, prayed for the following reliefs:
i) Issue Writ Order or direction in the nature of certiorari quashing the Recovery Certificate bearing No: 14449, dated 29.10.2018 issued by the Presiding Officer, Debt Recovery Tribunal, Bengaluru in OA No: 1495/2016 vide Annexure-G and also the Demand Notice dated 29.11.2018 issued by the Recovery Officer, DRT-1, Bengaluru vide Annexure-H;
ii) Issue Writ, Order or direction in the nature of mandamus directing the Hon’ble Debt Recovery Tribunal to decide the Appeal in IR No:2301/2017 preferred by the petitioner U/s 17 of the SARFAESI Act vide Anneuxre-A; on merit notwithstanding the Order dated 31.07.2018 granted in O.A No:1495/2018 vide Annexure-E passed by the DRT and Recovery Certificate bearing No: 14449, dated 29.10.2018 issued by the Presiding Officer, Debt Recovery Tribunal, Bengaluru in OA No:1495/2016 vide Annexure-G;
iii) Issue writ, order or direction in the nature of mandamus directing the 1st respondent to disclose the One Time Settlement Scheme applicable to the Petitioner as on 10.11.2016 to enable the Petitioner to close and settle the loan account under the One Time Settlement Scheme within the reasonable time;
iv) To pass such other orders or directions as this Hon’ble Court deems fit in the facts and circumstances of the case including an order as to the cost of this Writ petition, in the interest of justice and equity.”
3. When the matter was taken up, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the Debt Recovery Tribunal (DRT) to decide the Review Petition preferred by the petitioner expeditiously in accordance with law.
4. In view of the aforesaid submission, the writ petition is dispose of with a direction to the DRT to decide the Review Petition preferred by the petitioner after affording an opportunity of hearing to the parties expeditiously in accordance with law preferably within a period of two months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE mv