IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.737-758 OF 2019 (GM-DRT) Between:
1. Smt. Chandala Vijay Kulkarni, Aged about 36 years, W/o. Vijay Narayana Kulkarni, D/o. Late Shivanand Bankapur, Residing at No.322, 10th B Cross, 19th E Main, 1st N Block, Near Park, Rajajinagar, Bengaluru-560 010.
2. Sachhidanand Dixit, S/o. Late Shivanand D. Bankapur, Aged about 42 years, R/a Shri Shivanand Mandir, 2nd Cross, Tabib Land, Hubli-580 031, District Dharwad.
3. Maheshwar Hiremath, S/o Nagayyaswamy Hiremath, Aged about 59 years, R/a No.135, Shaktnagar, Gokul Road, Hubli:580 031, District Dharwad.
4. Anil V. Hombal, S/o Basavanneppa Hombal, Aged about 46 years, R/a Flat No.G-3, Marvel Dew Flower Apts, Bhagyalaxmi Nagar, Near St. Anthony School, Kalidas Nagar, Vidyanagar, Hubli-580 031, District Dharwad.
5. Prashanth L. Kundapur, S/o Late Laxminarayan Kundapur, Aged about 51 years, R/a No.120, “Pranamya”, 4th Cross, Green Garden, Gokul Road, Hubli-580 030, District Dharwad.
6. Mr. Shubham Poptani, S/o Dilip Kumar Poptani, Aged about 20 years, R/a No.1/2, Nehru Nagar (West), Bhilai, Chattisghar-490 020.
7. Sunil Sadhwani V, S/o Late Hukumchand, Aged about 52 years, R/a Flat No.BG-3, VVR Apts, Uttarahalli Road, Bengaluru-560 061.
8. Smt. Savitha G. Patil, W/o Chetan G, Aged about 35 years, R/a #873, I Floor, 4th Main, 2nd Cross, Vijayanagar, Bengaluru-560 040.
9. Shrinivas V. Kaulgud, S/o Late Vishnupant Kaulgud, Aged about 66 years, R/at No.4, Nagaling Nagar, Old Hubli-580 024, District Dharwad, (Senior citizen benefit not claimed) 10. Smt. Ashwini L. Potnis, D/o Anand L. Potnis, Aged about 27 years, R/at Vakil Chawl, Gadag Taluk and District, Gadag-582 101.
11. Mallikarjun K, S/o Late K. Veerabhadrappa, Aged about 48 years, R/at No.1, Balaji Layout, Kodigehalli Main Road, Bengaluru-560 094.
12. G. Gopalakrishna, S/o M. Gangaiah Naidu, Aged about 60 years, R/at # 4A, 7th Main, 9th Cross, Avalahalli BDA Park, Bengaluru-560 085.
13. M/s Needs Manpower Support Services Pvt. Ltd, With their Office at No.603, B Block, "Vasundhara Krithika", Hoskerehalli Post, Banashankari 3rd Stage, Bengaluru-560 085, Represented by its Partner Mr. M. Srinivas.
14. Ms. Uma Muth M. K, D/o Late M. A. Krishnan, Aged about 44 years, R/at No.4607, Nandi Enclave, Koncept Vijay Residency, Bhuvaneshwari Nagar, BSK 3rd Stage, Bengaluru-560 098.
15. Rajajshekhar B. J, S/o Late Balasaheb, Aged about 49 years, R/at No.3418, 4th Phase, VHBCS Layout, Hosakerehalli Cross, Bengaluru-560 085.
16. Smt. Shobha R, W/o B. J. Rajshekar, Aged about 46 years, R/at No.3418, 4th Phase, VHBCS Layout, Hosakerehalli Cross, Bengaluru-560 085.
17. Smt. Hemavathi S, W/o Lakkappa Lakke Gowda, Aged about 46 years, R/at C/o No.168, Beereshwara Nilaya, 2nd Cross, 3rd Phase, 1st Main, Manjunath Nagar, Rajajinagar-10.
18. Lokesh, S/o Late Parasha Bhovi, Aged about 65 years, R/at No.99, 3rd Cross, Telecom Colony, Mysuru Road Cross, Bengaluru-560 026.
19. Chandrashekar B. Jakhandi, S/o Late Bala Saheb, Aged about 53 years, R/at No.102, Ground Floor, Vasundhara Krithika, Opp PESIT Eng College, Hosakerehalli Village, Bengaluru-560 085.
20. Aravind K. V., S/o K. C. Venkatesh Murthy, Aged about 40 years, R/at No.2806, 15th Cross, 8th B Main, Banashankari 2nd Stage, Bengaluru-560 070.
21. Smt. Rajeshwari S. H, W/o Harsha D. S, Aged about 38 years, R/at No.118, "Srinidhi" 4th Main Road, M. Krishnappa Layout, Hosakerehalli Kere Kodi, Bengaluru-560 085.
22. P. Ramachandra, S/o Late Parasa Bhovi, Aged about 72 years, R/at No.E-65, Sri. Krishna Sadan, 1st Main 2nd Cross, Gopal Gowda Extension, Shivamogga-577 201.
... Petitioners (By Smt. Akkamahadevi Hiremath, Advocate) And:
1. Syndicate Bank, BTM Layout Branch, No.5, Mathrushree Arcade, 1st Floor, 100 Feet Ring Road, BTM Layout, 2nd Stage, Bengaluru-560 076, Represented by its Chief Manager, Sri. Srinivas K. S.
2. M/s. Vasundhara Builders, A Partnership Firm, 9th Main, 7th Cross, Hanumanthanagar, Bengaluru-560 019, Represented by its Partners, Anil G. Manakame and Smt. Shubha Anil.
3. Anil G. Manakame, Aged about 64 years, 4. Smt. Shubha Anil, Aged about 60 years, W/o Anil G. Manakame, Respondents 3 & 4 are R/a No.286/A, 9th Main, 7th Cross, Hanumanthanagar, Bengaluru-560 019.
5. Smt. Roopa N. Swamy, W/o Late A. C. Nanjudaswamy Patel, Aged about 58 years, 6. Shreyas N. Patel, S/o Late A.C. Nanjundaswamy Patel, Aged about 30 years, 7. Spoorthi N. Patel, D/o Late A. C. Nanjundaswamy Patel, Aged about 26 years, Respondent Nos.5 to 7 are R/at No.120, Skanda, 20th Main Road, Avalahalli Bengaluru-560 026.
(By Sri. Prabhu, Advocate, for ... Respondents M/s Prabhu & Dave, Advocates, for R1; R2, R3 & R4 served and unrepresented) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 02.6.2018 passed by the Debts Recovery Tribunal-I, in TA No.2150 of 2017 in OA.No.1777 of 2016-DRT-I, produced as Annexure-E and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Smt. Akkamahadevi Hiremath, learned counsel for the petitioners.
Sri. Prabhu, learned counsel for M/s Prabhu & Dave, learned counsel for respondent No.1.
Petitions are admitted for hearing. With the consent of the parties, the same is heard finally.
2. In these petitions under Article 226 and 227 of the Constitution of India, petitioners have prayed for the following reliefs:-
“a) Issue a writ of certiorari quashing the order dated 02.06.2018 passed by the Debts Recovery Tribunal-I, in TA No.2150 of 2017 in OA No.1777 of 2016-DRT-I, produced as Annexure-E.
b) Issue a writ of certiorari, quashing Possession Orders dated 21.12.2018 passed by the Recovery Officer-2, DRT-2 Bengaluru, produced as Annexure-F, F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16, F17, F18, F19, F20, F21 respectively.
c) Direct the 1st respondent to implement the order of the DRT-I, passed in TSA 7 of 2017 in SA No.127 of 2016 produced as Annexure-D.
d) Issue such other writs or orders as this Hon’ble Court deems fit in the circumstances of the case.”
3. When the matter was taken up today, learned counsel for respondent No.1 submitted that the order passed by the Debts Recovery Tribunal, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) is appealable under Section 20 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.
Sd/- JUDGE Mds/-