IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18013 OF 2017 (GM-DRT) BETWEEN:
M/S. KAVERI TELECOM INFRASTRUCTURE LTD., PUBLIC LIMITED COMPANY INCORPORATED AS PER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT PLOT NO.31-36 1ST MAIN, 2ND STAGE ARAKERE MICO LAYOUT BANNERGHATTA ROAD BENGALURU-560 068 REPRESENTED BY ITS PROJECT MANAGER M.M.GANESH ... PETITIONER (BY SRI. D. R. RAVISHANKAR, ADVOCATE (ABSENT)) AND:
1. THE DENA BANK A BODY CORPORATE CONSTITUTED UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS ) ACT 1970 HAVING ITS HEAD OFFICE AT DENA CORPORATE CENTER C-10, G BLOCK BANDRA KURLA COMPLEX BANDRA (E) MUMBAI-400 051.
BRANCH OFFICE AT JC ROAD BRANCH NO.2 CORPORATION SHOP JAYACHAMARAJENDRA ROAD BENGALURU-560 002 REP. BY ITS CHIEF MANAGER AND PRINCIPAL OFFICER SRI. S. N. PANDEY 2. C. SHIVAKUMAR REDDY DIRECTOR M/S. KAVERI TELECOM INFRASTRUCTURE LTD PUBLIC LIMITED COMPANY PLOT NO.31-36, 1ST MAIN 2ND STAGE, ARAKERE MICO LAYOUT, BANNERGHATTA ROAD BENGALURU-560 068 3. R. H. KASTURI DIRECTOR, M/S. KAVERI TELECOM INFRASTRUCTURE LTD., PUBLIC LIMITED COMPANY PLOT NO.31-36, 1ST MAIN 2ND STAGE, ARAKERE MICO LAYOUT, BANNERGHATTA ROAD BENGALURU-560 068 4. M/S. KAVERI TELECOM PRODUCTS LTD., PUBLIC LIMITED COMPANY INCORPORATED AS PER COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT PLOT NO.31-36, 1ST MAIN 2ND STAGE, ARAKERE MICO LAYOUT, BANNERGHATTA ROAD BENGALURU -560 068 REP. BY ITS DIRECTOR L NICHOLAS ... RESPONDENTS (BY SRI. T. P. MUTHANNA, ADVOCATE FOR R1;
R2 & R3 SERVED AND UNREPRESENTED R4-DEEMED TO HAVE BEEN SERVED V/O DATED 20/02/2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDERS DATED 27.3.2017 PASSED IN O.A.16/2015 (RENUMBERED AS T.A.NO. 634/2017) AT ANEX-E BY THE DEBT RECOVERY TRIBUNAL, BANGALORE AND DIRECT THE DEBT RECOVERY TRIBUNAL, BANGALORE TO GRANT AN OPPORTUNITY OF HEARING TO THE PETITIONERS ON THE APPLICATIONS PENDING AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri. T.P. Muthanna, learned counsel for respondent No.1.
In this petition, petitioner has assailed the validity of the order dated 27.03.2017 passed by the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short).
2. Admittedly, the petitioner has a remedy to file an appeal against the aforesaid order before the Appellate Tribunal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as ‘the Act’ for short).
3. In view of the availability of an efficacious alternative remedy as well as law laid down by the Hon’ble Supreme Court in ‘UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110,, the writ petition is disposed of with a liberty to the petitioner to file an appeal under Section 20 of the Act before the Appellate Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today.
4. Needless to state that in case petitioner files an appeal within a period of three weeks from the date of receipt of certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963.
5. If any interim order has been granted and petitioner has complied with the condition made therein, interim order shall continue for a period of three weeks from the date of receipt of certified copy of the order passed today.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE Mds/-