IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24491 OF 2016 (GM-DRT) BETWEEN:
K. Naveen Kumar S/o K. Krishna Rao, Aged about 40 years, Presently residing at No.7-7-26, Savithri Colony, Raichur – 548 101.
… Petitioner (By Sri. Ananda V.S., Advocate and Sri. M.G.S. Kamal, Advocate - absent) AND:
1. Pragathi Gramin Bank Jawahar Nagar Branch, Near Vasavinagar Bus Stand, Raichur – 548 101 Represented by its Branch Manager, Mr. G.R. Deshpande.
2. D. Srinivasa Raju S/o Krishna Raju, Aged about 42 years, No.102, Block No.2, Guddadinni Kalsa, Manvi Taluk, Raichur – 548 101.
… Respondents (Copy served and unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for records in O.A. No.55 of 2013 on the file of Debts Recovery Tribunal Bengaluru and after going through the propriety or otherwise set aside the order dated 24.11.2015 passed by the Presiding Officer, Debts Recovery Tribunal, Bengaluru in I.A No.5033 of 2014 as per Annexure-G1 and permit the petitioner herein to conduct the cross examination of Bank witness and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER None for the parties. Perused the records.
In this petition, the petitioner has assailed the validity of the order dated 24.11.2015 passed by the Debts Recovery Tribunal, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short), by which the Tribunal has rejected the application preferred by the petitioner seeking permission to cross examine bank witness.
2. The writ petition is pending before this Court since 2016 in which no interim order has been passed. It appears that by efflux of time, the proceedings before the Tribunal may have been concluded. Therefore, prima-facie nothing survives for adjudication in this writ petition.
3. Accordingly, the writ petition is disposed of with liberty to the petitioner to seek revival of this writ petition in case the proceedings before the Tribunal are still pending.
Sd/- JUDGE dn/-