IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 4TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT PETITION NO.45796 OF 2015 (GM-DRT) BETWEEN:
KARNATAKA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (EARLIER KARNATAKA STATE INDUSTRIAL INVESTMENT AND DEVELOPMENT CORPORTION LIMITED) ‘KHANIJA BHAVAN’, 49, 4TH FLOOR EAST WING, RACE COURSE ROAD BENGALURU-560 001 REPRESENTED BY ITS MANAGER (L) SRI K.G.RAMESH.
... PETITIONER (BY SRI.V.S.ARBATTI, ADVOCATE) AND:
1. STATE BANK OF INDIA ST. MARKS ROAD BENGALURU-560 001.
2. SKOTTIE (I) PRIVATE LIMITED 25/1, SECOND FLOOR VINOD COMPLEX, J.C.ROAD BENGALURU-560 052.
1.
(BY SRI.S.KRISHNASWAMY, ADVOCATE FOR RESPONDENT No.1 ... RESPONDENTS RESPONDENT No.2 –NOTICE IS SERVED AND HELD SUFFICIENT VIDE ORDER DATED 14.09.2017) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 07.09.2015 IN R.A.NO.36/2012 VIDE ANNEX-H PASSED BY THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI AND ETC.
THIS PETITION COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER Learned counsel for the petitioner submits that the finding recorded by the Appellate Tribunal in paragraph 5 of the order that only one ground was urged is incorrect. He refers to his memorandum of appeal to indicate that various other grounds were also urged. However, the Appellate Tribunal has stated that only one ground was urged. Hence, it would not be proper for this Court to record a finding whether any other grounds were urged.
Hence, the petitioner’s counsel pleads leave to re-approach the Appellate Tribunal for necessary orders.
In view of the request, the petition is disposed off. The petitioner is at liberty to move the Appellate Tribunal to seek correction of the order, if any, in accordance with law.
Sd/- Sd/-
JUDGE JUDGE mpk/-* ct:bms