IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.23323 OF 2018 (GM-DRT) BETWEEN:
NAVAKARNATAKA VIVIDODDESHA SOUHARDHA SAHAKARI NIYAMITHA, BY ITS CHIEF EXECUTIVE OFFICER, SMT. S. PUSHPA W/O VEDAMURTHY, AGED ABOUT 30 YEARS, R/O "DURGASHREE NILAYA", 2ND FLOOR, OPP: JANATHA BAZZAR, 2ND CROSS, M.G. ROAD, TUMAKURU.
(By MR. RAJAGOPAL M R, ADV.) AND:
1. THE RECOVERY OFFICER - I OFFICE AT DEBTS RECOVERY TRIBUNAL-II, … PETITIONER NO.4. RESIDENCY ROAD, BENGALURU-560 025.
2. J.M. FINANCIAL ASSET RECONSTRUCTION CO. (P) LTD., BY ITS SENIOR ASSOCIATE OFFICER, NO.40/1A, 4TH FLOOR, LAVELLE ROAD, BENGALURU-560 001.
3. M/S. NAVAKARNATAKA RURAL DEVELOPMENT SOCIETY (REGD.), REPRESENTED BY ITS SECRETARY, SRI. B. SIDDALINGA KUMAR, S/O Y.S. BASAVALINGAIAH, AGED ABOUT 55 YEARS, R/O."MATHRU KRUPA", CHETANA EXTENSION, BATAWADI, TUMAKURU-572 103.
… RESPONDENTS (By MR. A RAVISHANKAR, ADV. FOR R2, MR. KUMAR M N, CGC FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH "NOTICE FOR APPEARANCE" DATED 23.4.2018 ISSUED BY R-1 IN T.R.C. NO. 1603/2017 (DRC NO.9971/2016) IN O.A.1238/2012 VIDE ANNEX-E TO THE EXTENT OF AFFECTING THE INTEREST OF THE PETITIONER SOCIETY MORE PARTICULARLY REFERRING TO PARAGRAPHS 2, 3 AND 4; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.R.Rajagopal, learned counsel for the petitioner.
Mr.Kumar M.N., learned Central Government counsel for the respondent No.1.
Mr.A.Ravishankar, learned counsel for the respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
a) Issue a writ in the nature of certiorari or any other writ to quash “NOTICE FOR APPEARANCE” dated 23.04.2018 issued by the 1st respondent in T.R.C.No.1603 of 2017 (DRC No.9771/2016) in O.A.No.1238/2012 as per Annexure-E to the extent of affecting the interest of the petitioner society more particularly referring to paragraphs 2, 3 and 4:
b) Declare that neither the provisions of the Recovery of Debts and Bankruptcy Act, 1993 and the Rules nor the Second Schedule and the Third Schedule Procedure for Distraint by Assessing officer or tax Recovery Officer or the 1st respondent Recovery Officer are not enforceable or initiated by the 1st respondent against the petitioner who is neither a borrower or having any nexus with the 3rd respondent organization; as such any act initiated under the notice as against the petitioner be declared as ultra vires and void;
c) Issue a writ of mandamus directing the 1st respondent to hand over the books of accounts and certain other properties seized under the impugned notice Annexure-E which belong to the petitioner society forthwith;
4. When the matter was taken up today, learned counsel for the petitioner fairly submitted that the relief as claimed in prayer (a) has been rendered infructuous by efflux of time as the petitioner has already rendered appearance before the Recovery Officer.
5. At this stage, learned counsel for the respondents submits that the books of account and the other properties which were seized from the petitioner has already been returned to the petitioner. The aforesaid statement is taken on record.
6. In view of the aforesaid submissions, the petition is disposed of with liberty to the petitioner to seek relief as an when occasion so arises with regard to prayer (b) claimed in the petition.
Sd/- JUDGE RV