IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT PETITION NO.38908 OF 2013 (GM-DRT) BETWEEN:
M/S.KARNATAKA STATE WAREHOUSING CORPORATION A BODY CORPORATE CONSTITUTED UNDER THE STATE WAREHOUSING CORPORATIONS ACT HAVING ITS REGISTERED OFFICE AT NO.43 PRIMROSE ROAD BENGALURU-560025 AND BRANCH AT NAVALGUND-582208 REPRESENTED HEREIN BY ITS MANAGING DIRECTOR.
(BY SRI.SANGAMESH G PATIL, ADVOCATE) ... PETITIONER AND:
1. THE KARNATAKA BANK LTD., A BANKING COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT. 1913 HAVING ITS REGISTERED AND HEAD OFFICE AT KODIALBAIL MANGALORE AND AMONG OTHERS A BRANCH AT NO.24, MARKET ROAD NAVALGUND DHARWAD DISTRICT REPRESENTED BY ITS PRINCIPAL OFFICER AND MANAGER, PINCODE:582208.
2. M/S. NEW ANAND FLOUR MILL GADAG ROAD, NAVALGUND-582208 DHARWAD DISTRICT REPRESENTED BY PARTNERS.
3. LAXMAN V ANEGUNDI SINCE DIED BY HIS LEGAL REPRESENTATIVES 4 to 7 4. ANAND LAXMAN ANEGUNDI SON OF LAXMAN V.ANEGUNDI RESIDING NEAR MARKET ROAD NAVALGUND-582208 DHARWAD DISTRICT.
5. SMT.SUNITA LAXMAN ANEGUNDI WIFE OF LAXMAN V.ANEGUNDI RESIDING NEAR MARKET ROAD NAVALGUND-582208.
6. RAGHAVENDRA LAXMAN ANEGUNDI SON OF LAXMAN V.ANEGUNDI RESIDING NEAR MARKET ROAD NAVALGUND-582208 DHARWAD DISTRICT.
7. SRINIVAS LAXMAN ANEGUNDI SON OF LAXMAN V.ANEGUNDI RESIDING NEAR MARKET ROAD NAVALGUND-582208 DHARWAD DISTRICT REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN LAXMAN V ANEGUNDI.
8. MAHADEV J ANEGUNDI SON OF SRI JEEVAPPA ANEGUNDI RESIDING NEAR MARKET ROAD NAVALGUND-582208 DHARWAD DISTRICT.
9. ASSETS RECONSTRUCTION AND COMPANY INDIA LIMITED THE RUBY, 10TH FLOOR 29 SENAPATI PAPAT MARG DADAR (WEST) MUMBAI - 400086 REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY SRI. M V V RAMANA, ADVOCATE FOR RESPONDENT Nos.2, 4, 7 AND 8 RESPONDENT No.1, 5 AND 6 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 17.04.2013, IN AIR 464/09, PASSED BY DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI AND ALSO SET ASIDE THE ORDER DATED 01.02.2008, IN OA.NO.344/2000 PASSED BY THE DEBT RECOVERY TRIBUNAL BENGALURU WITH REGARD TO THE LIABILITY FIXED AGAINST THE PETITIONER VIDE ANN-B & A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER Aggrieved by the order dated 01.02.2008 passed by the Debt Recovery Tribunal (Karnataka) in O.A.No.344 of 2000, the petitioner filed AIR 464 of 2009 before the Debt Recovery Appellate Tribunal at Chennai but there was a delay of 32 days in filing the appeal. The Appellate Tribunal did not find the reasons assigned to be appropriate and hence on the ground of delay, dismissed the appeal vide order dated 17.04.2013. Hence, this petition by the appellant therein.
2. Learned counsel for the petitioner submits that even though sufficient cause is shown, the Tribunal has not considered and the appeal was dismissed.
3. The same is disputed by the respondents.
4. On hearing learned counsels, we are of the view, that appropriate interference is required. The reasons assigned was that the Managing Director of the petitioner – Karnataka State Warehousing Corporation was out of station on office work. On considering the reasons assigned, we find it constitutes sufficient cause. It is not that the Managing Director went on a holiday. He was out of station on official duty. Therefore, the Appellate Tribunal was not justified in dismissing the appeal only on the ground of delay. It is needless to state that the question of delay requires to be considered appropriately and substantial justice requires to be done. It is because of the dismissal order passed by the Appellate Tribunal, the matter has been kept pending for the last six years.
5. For the aforesaid reasons, the writ petition is allowed. The impugned order dated 17.04.2013 passed by the Appellate Tribunal in AIR 464 of 2009 is set aside and the application is allowed. Delay is condoned. The appeal is restored to its file. The appellate Tribunal to proceed further in the matter.
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JUDGE JUDGE NG* CT:bms