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 NOs.36398-400/2018 (GM-DRT) BETWEEN:
1. N.M. GANGARAM (PROPRIETOR) AGED ABOUT 80 YEARS PROP: M/S SGR TRADERS (INTERNATIONAL).
2. SMT. V. NAGARTHNAMMA (MORTAGAGER/GUARANTOR) AGED ABOUT 67 YEARS W/O SRI. M.N. GANGARAM.
3. B G MAHESH KUMAR (GUARANTOR) S/O M.N. GANGARAM AGED ABOUT 48 YEARS.
ALL ARE RESIDING AT:
NO.999, 67-A, CROSS, 18TH MAIN 5TH BLOCK, RAJAJINAGAR BANGALROE 560010.
(By Mr. M.A. RAJENDRA, ADV.) AND:
CANARA BANK MANAGEMENT BR. MALLESHWARAM BENGALURU REP BY ITS AUTHORISED OFFICER.
(By Mr. V. HARIDASS BHAT, ADV.,) - - -
… PETITIONERS … RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE ORDER DTD:19.6.2018 PASSED BY THE HON'BLE DRT, BANGALORE IN S.A.NO.70/2018, ANNEXURE-A SINCE THE ORDERS DTD:28.1.2012 PASSED BY THE HON'BLE IXTH ACMM COURT, IN CRL.MISC NO.8292/2011 AT ANNEX-E IS NOT BINDING ON THE P-3 HEREIN, WHO IS A GUARANTOR AND HE HAS NOT BEEN MADE A PARTY TO IN THE PETITION FILED BY THE BANK BEFORE THE HON'BLE IXTH ACMM COURT & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.M.A.Rajendra, learned counsel for the petitioners.
Sri.V.Haridas.Bhat, learned counsel for the respondent.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same is heard finally.
3. In these petitions, the petitioners has prayed for the following reliefs:
a) Pass appropriate orders to quash/set aside the orders dated 19- 6-2018 passed by the Hon’ble Debt Recovery Tribunal, Bangalore in S.A.No.70/2018, Annexure-“A” since the orders dated 28-1-2012 passed by the Hon’ble IXth ACMM Court, in Crl.Misc.No.8292/2011 Annexure-“E” is not binding on the 3rd petitioner herein, who is a guarantor and he has not been made a party to in the petition filed by the Bank before the Hon’ble IXth ACMM Court.
b) Pass any other Order or Writ, as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity.
4. When the matters were taken up today, learned counsel for the petitioners submitted that an amount of Rs.1,16,18,110/- is due to the respondent- Bank. A Demand Draft to the tune of Rs.30,00,000/- has been handed over to the learned counsel for the respondent-Bank today before this Court. It is further submitted that a further sum of Rs.30,00,000/- will be paid within a period on or before 30.04.2019 and thereafter the remaining amount towards full and final settlement towards the claim of the respondent-Bank shall be paid on or before 30.06.2019. The aforesaid submission is accepted by the learned counsel for the respondent-bank.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of. Needless to state that in case of default of any of the terms and conditions in this order, it will be open to the respondent-Bank to proceed forthwith against the petitioners in accordance with law.
6. At this stage, learned counsel for the petitioners submitted that the belongings which have been left in the premises, which have been locked by the Recovery officer of the Debt Recovery Tribunal, in view of the aforesaid submission and taking into account the fact that the petitioner has made a payment of Rs.30,0,000/- today, it is directed that the premises shall be opened in the presence of the Recovery Officer and the belongings of the petitioner shall be handed over to him within a period of one week from today by drawing a mahazar.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS