IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.9407/2016 (GM-DRT) BETWEEN:
1. N.RAJASHEKAR S/O LATE NANJAPPA AGED ABOUT 49 YEARS, BUSINESS R/O NO.45, GANIGARA A LANE NAGARTHPET CROSS BENGALURU – 560 002 2. M/S VIGOR STEELS NO.C-94, PEENYA II STAGE PEENYA INDUSTRIAL ESTATE BENGALURU – 560 058 3. N.KRISHNAMURTHY S/O LATE NANJAPPA AGED ABOUT 47 YEARS R/O NO.32 GANGAMMA TEMPLE STREET CHOWLAGALLI CROSS, CUBBONPET BENGALURU – 560 086 4. SMT. JAYALAKSHMAMMA W/O LATE S.NANJAPPA NO.32, GANGAMMA TEMPLE STREET CHOWLAGALLI CROSS, CUBBONPET BENGLAURU – 560 086 5. MRS. N.RAJESHWARI W/O P.T.NAGARAJ NO.18, KONDADAPPA HIGH SCHOOL ROAD DODDABALLAPURA BANGALORE DISTRICT – 586 102 ...PETITIONERS (BY SRI R.RAVIKUMAR, ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF FINANCE & BANKING NEW DELHI – 110 001 2. THE CHAIRPERSON THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI ETHIRAJ COLLEGE ROAD CHENNAI – 600 001 3. THE AUTHORIZED OFFICER THE DHANALAKSHMI BANK LTD. PEENYA BRANCH, PIA BHAVAN PEENYA INDUSTRIAL ESTATE PEENYA, BANGALORE – 560 058 4. SMT. VINITHA KODANDARAMAN MAJOR, W/O LATE R.KODANDARAMAN NO.145, II STAGE, SATYANARAYANA LAYOUT J.C.NAGAR, MAHALAKSHMIPURAM BANGALORE – 560 086 5. SRI KIRAN KUMAR S/O NARAYANA GOWDA AGED ABOUT 41 YEARS NO.E-301, WILSON MANOR APARTMENT WILSONGARDEN, BANGALORE -560 027 6. SRI H.S.NATESH S/O H.G.SHANKARAPPA GOWDA AGED ABOUT 44 YEARS R/AT MARIGOGU, NEELAMBER VILLAGE NALLUR POST, SRINGERI TALUK CHICKMAGALURU DISTRICT – 576 402 ..RESPONDENTS (BY SRI S.VASANTH MADHAV, CGC FOR R-1;
NOTICE TO R2 TO R6 SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ORDER DATED 10.01.2014 IN RA(SA) 33/2010 ON THE FILE OF DEBTS RECOVERY APPELLATE TRIBUNAL CHENNAI (ANNEXURE- A) AS ILLEGAL NULL AND VOID AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE CONSEQUENTIALLY CANCEL THE AUCTION SALE DATED 15.01.2009 AND ISSUE THE SALE CERTIFICATE DATED 28.01.2010 BY RESTORING POSSESSION OF PROPERTY NO.1/2, OLD NO.131/A, 6TH MAIN, 6TH CROSS, SAMPANGI RAMANAGAR, BANGALORE – 560 027 TO THE PETITIONER HEREIN.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. This writ petition is directed against the order dated 10.01.2014 passed by the Debt Recovery Appellate Tribunal, Chennai in RA(SA) No.33/2010. The aforesaid order was passed on 10.01.2014 and this writ petition was presented on 17.02.2016. On being asked about the inordinate delay of two years in presenting the writ petition, learned Counsel for the petitioners was not able to refer to any explanation in the writ petition for the delay.
2. By the impugned order, the Debt Recovery Appellate Tribunal has set aside the order dated 11.02.2009 passed by the Debt Recovery Tribunal, Bangalore with the following direction to the Debt Recovery Tribunal:
“It is seen that it would be proper if the petitioner bank is permitted to file the original newspapers before the tribunal below to mark the same as exhibits as required under law in order to enable the Ld. Presiding Officer to come a correct decision. Therefore the following order is passed in this IA:
The order of the Ld. Presiding Officer, DRT, Bangalore dated 11.2.2009 made in ASA 325/2008 is hereby set aside. The petitioner bank is directed to file the newspapers in original before the tribunal below and mark the same as exhibits. The Ld. Presiding Officer, DRT, Bangalore is directed to allow the said documents and pass orders in accordance with law. However it is made clear that the applicants in the ASA would be entitled to raise their objections in the ASA with respect to the said exhibits apart from other objections that they may rise in the said ASA. The Ld. Presiding Officer is directed to dispose of ASA No.325/2008 in accordance with law as expeditiously as possible.”
3. We find no ground to interfere with the order passed by the Debt Recovery Appellate Tribunal, Chennai in exercise of the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The writ petition is accordingly dismissed.
Petition dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB