IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.26973/2017 (GM-DRT) BETWEEN:
SMT. PRABHAVATHI SRIRAM AGED ABOUT 68 YEARS W/O SATYANARAYANA SRIRAM BOTH ARE R/AT NO 1204, GODREJ WOODSMAN ESTATE BELLARY ROAD, HEBBAL, BENGALURU - 560024 (BY SRI R RAVI, ADV.) AND:
1. AUTHORISED OFFICER ICICI BANK NO 5, R G CHAMBERS, 7TH BLOCK, 2ND FLOOR, SMEAG, 80 FEET ROAD, KORAMANGALA BENGALURU - 560046 2. ICICI BANK LIMITED HAVING ITS BRANCH OFFICE AT 10TH FLOOR, VIDECON TOWER JHANDAWALA EXTENSION NEW DELHI 3. ICICI BANK HAVING ITS BRANCH OFFICE AT K- SENIOR MALL, SECTOR-16, NOIDA, UTTAR PRADESH REP. BY ITS GENERAL MANAGER ... PETITIONER 4. ICICI BANK LIMITED HAVING ITS BRANCH OFFICE AT NO 5, R C CHAMBERS 7TH BLOCK, 2ND FLOOR, SMEAG, 80 FEET ROAD, KORAMANGALA BENGALURU – 560046 REP. BY ITS AUTHORISED OFFICER 5. M/S NEURTH EXIM INDIA PVT. LTD., COMPANIES REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO E-5/1, 3RD FLOOR, MALVIYA NAGAR, NEW DELHI - 110017 REP. BY ITS AUTHORISED SIGNATORY 6. SRI O PRASAD RAO S/O OBULLA SETTEE VENKATA RANGAIAH AGED ABOUT 47 YEARS OCC: BUSINESS R/O A 63 SECTOR 36, NOIDA, UTTAR PRADESH-39007 (BY SRI M S RAJENDRA, ADV. FOR M/S. HOLLA & HOLLA, ADVs. FOR R1-R4 ... RESPONDENTS NOTICE TO R5 & 6 D/W V/O DATED 05.09.2017) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT TO THE HON'BLE DEBT RECOVERY TRIBUNAL, TO CONSIDER THE APPLICATION FILED FOR REDEMPTION IN IA NO.505/2017 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking that a direction be issued to the Debt Recovery Tribunal to consider the application filed for redemption, in IA No.505/2017 in SA No.590/2016/TSA No.74/2017. In that light, the petitioner is seeking that she be permitted to deposit a sum of Rs.4,25,00,000/- along with interest and in that regard, the original title deeds be returned to the petitioner.
2. Though contentions are urged in the writ petition seeking consideration of the prayer as made in IA No.505/2017 and the respondents have filed their objections to the writ petition as well as to the application seeking direction, the details of such contentions is not necessary to be adverted to in this order inasmuch as the prayer as made in IA No.505/2017 is a matter to be taken note by the DRT and appropriate orders are to be passed thereon. Learned counsel for the respondent would submit that the DRT had in fact indicated that the application would be considered along with the main appeal and the appeal has already been heard by the DRT. Even if that be so, since in S.A.No.590/2016 TSA No.74/2017 a larger issue arises for consideration by the DRT, in that light, whether the prayer as sought in IA No.505/2017 merits consideration or not is also an aspect to be taken note by the DRT and appropriate orders to be passed thereon.
3. In a normal circumstance a pending application is required to be disposed of before the main matter is considered and disposed of. Further, presently since it is indicated that the main matter has been heard, the DRT shall in addition to the arguments already heard, hear the learned counsel for the parties on the prayer made in IA No.505/2017 and if it chooses to dispose of the application along with the main matter, the consideration of the prayer made therein shall also be adverted to and appropriate orders be passed in accordance with law. The contentions are left open to be urged before the DRT.
The petition as well as the application stand disposed of.
Sd/- JUDGE akc/bms