IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35870 OF 2017 (GM-DRT) BETWEEN:
M/S. MADANPALLE SPINNING MILLS LTD NO.25, 1ST FLOOR,MANGALAM CHAMBERS K.H.ROAD BENGALURU-27 REPT BY ITS MANAGING DIRECTOR LAKSHMIKANTH BHANDARI S/O LATE VITTAL DAS BHANDARI AGED ABOUT 54 YEARS.
(BY MR. D R RAVISHANKAR, ADV.) AND:
1. M/S BANK OF INDIA BANGALORE MID CORPORATE BRANCH 1ST FLOOR, BANK OF INDIA BUILDING NO.11, KEMPEGOWDA ROAD BENGALURU-560 009 REPT BY ITS ASST GENERAL MANAGER & AUTHORISED OFFICER.
2. RECOVERY OFFICER-II DEBTS RECOVERY TRIBUNAL-II BANGALORE-560025.
… PETITIONER (BY MR. B S JEEVAN KUMAR, ADV. FOR R1 R2 – SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE INITIMATION OF PROCEEDINGS UNDER THE DRT ACT IN THE TEETH OF THE PROCEEDINGS ALREADY INITIATED UNDER THE SARFAESI ACT IS WITHOUT JURISDICTION THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.D.R.Ravishankar, learned counsel for the petitioner.
Sri.B.S.Jeevan Kumar, learned counsel for the respondent.No.1.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. When the matter was taken up today, learned counsel for respondents submitted that the order passed by the Debts Recovery Tribunal, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) is appealable under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act’ for short).
4. In view of the judgment laid down by the Hon’ble Supreme Court in ‘UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110, writ petitions are disposed of with a liberty to the petitioners to take recourse to the remedy i.e., an appeal provided under the Act.
5. It is needless to state that in case the petitioners resort to the remedy mentioned above within a period of three weeks from the date of receipt of the certified copy of the order passed today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE SS