IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16555 OF 2019 (GM-DRT) BETWEEN:
DR. UMA SURESH W/O LATE SURESH AGED ABOUT 53 YEARS R/AT NO.232, 9TH MAIN ROAD 5TH BLOCK, JAYANAGAR EXTENSION BBMP WARD NO.58 BENGALURU – 560 041.
(BY SRI. SESHAGIRI RAO, ADVOCATE) … PETITIONER AND:
1. THE AUTHORIZED OFFICER THE NATIONAL CO-OPERATIVE BANK LIMITED HAVING ITS ADMINISTRATIVE OFFICE AT NO.73/1, GANDHI BAZAAR MAIN ROAD BENGALURU – 560 004.
2. THE CHAIRMAN THE NATIONAL CO-OPERATIVE BANK LIMITED NO. 73/1, GANDHI BAZAAR MAIN ROAD BENGALURU – 560 004.
3. SRI P.L.VENKATARAMANA REDDY AGED ABOUT 56 YEARS NO.135, 6TH MAIN, 1ST BLOCK 3RD PHASE, BANASHANKARI III STAGE NEAR WATER TANK CIRCLE BENGALURU – 560 085.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.03.2019 PASSED BY THE DEBT RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU IN I.A.NO.346 OF 2019 IN E-D NO.383 OF 2019 FOUND AT ANNEXURE-A2 TO THE WRIT PETITION AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Seshagiri Rao, learned counsel for the petitioner.
After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to file an application for amendment of the application filed by the petitioner under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) and to incorporate the relief of quashment of the impugned sale certificate dated 27.03.2019.
2. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction that in case such an application for amendment is filed, the Debts Recovery Tribunal shall consider and decide the same within a period of one week from the date of receipt of such an application after affording an opportunity of hearing to the parties.
3. Learned counsel for the petitioner further seeks leave of this Court to make an application for recall of the order dated 07.03.2019 before the Debts Recovery Tribunal. Needless to state that in case such an application is filed, the same shall be dealt with in accordance with law by the Debts Recovery Tribunal.
4. Needless to state that the Debts Recovery Tribunal shall decide the applications by granting the benefit of principles contained under Section 14 of the Limitation Act, 1963 to the petitioner.
With the aforesaid liberty, the petition stands disposed of.
Sd/- JUDGE Mds/-