IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27760/2019 (GM-DRT) Between:
M/s.Navbhan Mineral Processing Private Limited, A Company incorporated under the Companies Act 1956, Having its Office at Plot No.243, Bommasandra Industrial Area, 3rd Phase, Hosur Road, Attibele Hobli, Anekal Taluk, Bengaluru-560 099.
Represented by its Director, Sri.C.Kantilal, Aged about 68 years. ... Petitioner (By Sri. Paras Jain, Advocate) And:
1. Canara Bank, S.M.E. Bommasandra Branch, KIADB Complex, Bommasandra, Bengaluru-560 099, Rep. by its Manager.
2. Recovery Officer-II, Debt Recovery Tribunal-I, Bengaluru, Jeevan Mangal Building, 1st Floor, No.4, Residency Road, Bengaluru-560 025. ... Respondents (By Sri. Haridas Bhat, Advocate for R-1; Notice not ordered in respect of R-2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 17.06.2019 passed by Debt Recovery Tribunal-I, Bengaluru, vide Annexure-C interalia directing the petitioner to deposit 50% of the debt amount as adjudicated by the Tribunal, as pre-condition for entertaining the appeal, when the sale proclamation notice is nullity in the eye of law, having not been initiated in accordance with Rules 38 and Rule 52(2) of the Second Schedule to the Income Tax Act, 1961 and etc., This petition coming on for Orders, this day, the Court made the following:-
ORDER The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a writ of certiorari for quashment of the order dated 17.06.2019, passed by the Debt Recovery Tribunal, by which the petitioner was asked to deposit 50% of the debt amount as adjudicated by the Tribunal.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner had challenged the sale notice dated 28.03.2019 before the Debt Recovery Tribunal and the sale was scheduled to be held on 15.05.2019. It is further submitted that the publication of the sale notice in Kannada language is mandatory, failing which, the sale notice becomes null and void. In support of the aforesaid submission, reliance has been placed on the judgment passed by the Division Bench of this Court in ‘HOTEL VANDANA PALACE Vs. THE AUTHORISED OFFICER UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 & OTHERS’ passed in W.A.No.6368/2011 (GM-DRT) and also the judgment reported in ‘VASU P. SHETTY Vs. HOTEL VANDANA PALACE & OTHERS’, (2014) 5 SCC 660.
4. Learned counsel for the respondent-Bank submits that the sale has not taken place on 15.05.2019. Therefore, the question of adjudicating the validity of the order passed by the Debt Recovery Tribunal does not arise. He further states that the respondent-Bank shall issue a fresh proclamation and the same shall be issued in Kannada language as well.
In view of the aforesaid submissions, the writ petition is disposed of.
Sd/- JUDGE BMC/-