IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.39858-39859 OF 2018 (GM-DRT) BETWEEN:
1. M. Vinay Bhat, Aged about 42 years, S/o M. Venkatesh Bhat 2. Mrs. Sukhanya Bhat, Aged about 41 years, W/o M. Vinay Bhat Both are residing at “Vrindavan”, V.T. Road, Mangaluru.
(By Sri. Saravan S., Advocate) AND:
1. M/s. Hotel Poonja International Pvt. Ltd., Poonja Arcade, K.S. Rao Road, Mangaluru – 575 001.
Represented by its General Manager.
2. The Recovery Officer-I, Debt Recovery Tribunal, No.4, Jeevan Mangal Building, Residency Road, Bengaluru – 560 001.
… Petitioners 3. M/s. Reliance Asset Reconstruction Company Limited, Reliance Centre, 6th Floor, North Wing, Santa Cruz, Near Prabhat Colony, Off. Western Express Highway, Santa Cruz East, Mumbai – 400 055.
Represented by its Authorized Officer.
4. Vijaya Bank, Light House Hills Road, Mangaluru – 03 Represented by its General Manager.
5. Muthoot Finance Limited, Meazanine Floor, K.S. Road, Hampanakatta Represented by its Manager.
(By Sri. Meghachandra D.N., Advocate) … Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the Annexure-A the notice dated 15.03.2017 in DCP No.2691/2015 issued by R2 as far as petitioners’ are concerned, and etc.
These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Saravan S., learned counsel for the petitioners.
Sri. Meghachandra D.N., learned counsel for the respondents.
2. Heard the learned counsel for the petitioners on the question of admission.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the notice dated 15.03.2017 issued by the Recovery Officer under the provisions of the Recovery of Debts due to Banks and Financial Institutions Act, 1993.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners are neither borrowers nor guarantors and have not created any sort of encumbrance in favor of respondent-Bank in respect of the property in question.
5. It is further submitted that petitioners may be granted with an opportunity to file objections before the Recovery Officer with regard to the aforesaid notice by which attachment of rent of the property has been ordered and Recovery Officer be directed to take necessary action in accordance with law after hearing petitioners on the objections, which may be filed by them.
6. In view of the aforesaid submissions and in the facts of the case, writ petitions are disposed of with liberty to the petitioners to make representation to the Recovery Officer within a period of one week from the date of receipt of certified copy of the order passed today. It is needless to state that in case such an application is made before the Recovery Officer within a period of one week, after affording an opportunity of hearing to the parties, Recovery Officer shall decide the objections filed by the petitioners by a speaking order within a period of one month from the date of receipt of such an objection.
Sd/- JUDGE Mds/-