IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28048 OF 2019(GM-DRT) Between:
1. M.Bhagwan Das S/o Late M.R.Markandeya Aged about 62 years Occ: Partner of Khadi Gramodyoga Registered Partnership firm Situated at STK Plaza Property No.1/1, Hospital road, Avenue Road Cross, Bengaluru-560 001.
2. M.Samba Murthy S/o Late M.R.Markandeya Aged about 65 years, Occ: Partner of Gramodyoga Resham Mandir Situated at STK Plaza Property No.1/1, Hospital Road, Avenue Road Cross, Bengaluru-560 001.
… Petitioners (By Sri.Nandish Patil, Advocate) And:
1. The Chief Manager and the Authorised Officer Vijaya Bank, M.G.Road, Bengaluru-560 001.
2. S.K.Nagesh S/o Late S.T.Krishnappa Aged about 50 years R/at No.386, II B Main Road, Banshankari II Stage, Bengaluru-560 070.
3. Neelakanta G Sanikop S/o. Gurappa Sanikop, Aged about 66 years, Residing at No.61, 10th Cross, Adarsha Nagar, Hubli-580 001.
4. Nikhara Electronix and Allied Technics No.24, Hegganahalli Main Road, Near Mohan Theatre, Gajanananagar Vishwanadam Post Bengaluru-560 091.
Represented by its Partners.
5. Mr. B. Lakshman S/o Mr. Balu Aged about 55 years, Residing at No.131, Sheshadripuram, Bengaluru-560 020.
6. Mrs. Shanthagowda W/o Mr. B. Lakshman Aged about 50 years, Residing at No.131, Sheshadripuram, Bengaluru-560 020.
…Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 20.06.2019 in S.A.No.306/2018 passed by the Hon’ble Debt Recovery Tribunal at Bengaluru vide Annexure-J and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri.Nandish Patil, learned counsel for the petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 20.06.2019 passed by the Debts Recovery Tribunal.
3. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners are the tenants and have approached the Debts Recovery Tribunal by filing an application under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
It is further submitted that without service of notice on the respondents, the Debts Recovery Tribunal has fixed the proceedings for final hearing on 16.07.2019.
4. In view of the aforesaid submission and in the facts of the case, it is directed that in case the petitioners file an application bringing the aforesaid fact to the notice of the Debts Recovery Tribunal, the Debts Recovery Tribunal before proceeding further with the matter shall pass appropriate orders on the application, which may be filed by the petitioners.
With the aforesaid directions, the writ petition is disposed of.
Sd/- JUDGE dn/-