IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5459/2018 (GM-DRT) BETWEEN:
THE KARNATAKA STATE FINANCIAL CORPORATION BY ITS EXECUTIVE DIRECTOR-II NO.1/1, THIMMAIAH ROAD BANGALORE-560 052 ... PETITIONER (BY SRI MALIPATIL P.S., ADVOCATE) AND:
1. DIAMOND AND GEM DEVELOPMENT CORPORATION UNDER THE INDIA COMPANIES ACT REGD. OFF: 141, ATLANTA 14TH FLOOR, NARIMAN POINT MUMBAI-400 021 BRANCH OFFICE AT NO.16, 14TH CROSS MYSORE BY ITS CHAIRMAN 2. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE VIKAS SOUDHA BANGALORE-560 001 ... RESPONDENTS (BY SRI SRIDHAR N. HEGDE, HCGP FOR R2;
SRI A.MADHUSUDHANA RAO, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.09/10/2017 PASSED IN OA.NO.595/1998 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL I, KARNATAKA AT BANGALORE, VIDE ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
no.1.
O R D E R Sri P.S.Malipatil, learned counsel for the petitioner.
Sri A.Madhusudhana Rao, learned counsel for respondent Sri Sridhar N.Hegde, learned HCGP for respondent no.2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner has assailed the validity of the order dated 09.10.2017 passed by the Debts Recovery Tribunal-I, Bangalore in exercise of its power under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (‘the Act’ for short).
3. When the matter was taken up today, learned counsel for respondent no.1 has raised an objection that an appeal lies to the Appellate Tribunal as against the aforesaid order.
4. In view of the aforesaid submission and taking into account the fact that any person aggrieved by an order made by the Debts Recovery Tribunal under the Act may prefer an appeal to the Appellate Tribunal having jurisdiction in the matter, the writ petition is disposed of with liberty to the petitioner to file an appeal under Section 20 of the Act as against the impugned order dated 09.10.2017, if so advised.
Sd/- JUDGE hkh.