IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.31752-753 OF 2018 (GM-DRT) BETWEEN:
1. SMT. GEETHAMBA C M W/O H MANJUNATH AGED ABOUT 51 YEARS, PROPRIETRIX M/S SHRUTHI FEEDS AND FARMS OPP NEW DISTRICT JAIL BOVIPALAY OPP CHECK POST SIRA ROAD, TUMKUR-572106 2. SRI H MANJUNATH S/O SRI HONNAPPA AGED ABOUT 53 YEARS, R/AT NO.10 SREE VENKATESWARA NILAYA BEHIND JAIN TEMPLE NAGANNANA PALYA SIRAGATE TUMKUR-572106 ALSO AT SAPTHAGIRI EXTENSION T P KAILASAM ROAD, 7TH MAIN TUMKUR.
… PETITIONERS (By MR. KESHAVA BHAT S N, ADV.(ABSENT)) AND:
1. RECOVERY OFFICER - I DEBT RECOVERY TRIBUNAL -II BENGALURU 2ND FLOOR LIC JEEVAN MANGAL BUILDING, NO.4 RESIDENCY ROAD, BENGALURU-560 025.
2. THE FEDERAL BANK LTD TUMKUR BRANCH NEAR DWARAKA ROAD, M G ROAD, TUMKUR-572101 REP BY ITS BRANCH MANAGER (By MR. M N KUMAR, CGC FOR R1, NOTICE TO R2 – SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE PROCLAMATION DATED 5.6.2018 IN T.R.C. NO. 181/2017 AND T.R.C. NO. 179/2017, R.C. NO. 9117 IN THE O.A. NO. 1289/2012 AND O.A. NO. 1291/2012 ISSUED BY THE RECOVERY OFFICER ATTACHED TO THE HON'BLE DEBT'S RECOVERY TRIBUNAL-I, BENGALURU VIDE ANNEX-A; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioners.
Mr.M.N.Kumar, learned Central Government counsel 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 petitioners have assailed the validity of the sale proclamation dated 5.6.2018 issued by the Recovery Officer.
4. When the matter was taken up today, learned counsel for the respondent No.1 submitted that there is an efficacious remedy of filing an appeal under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act’ for short).
5. In view of the aforesaid submissions, the petitions are disposed of with a direction that in case the petitioners file an appeal under Section 30 of the Act within two weeks from the date of receipt of certified copy of the order passed today, the Tribunal shall afford them the benefit of principles contained under Section 14 of the Limitation Act and shall decide the appeal on merits.
Sd/- JUDGE RV