IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.37763 OF 2016 (GM-DRT) AND WRIT PETITION NOS.59331-59332 OF 2016 BETWEEN:
1. M/s. Prolite Industries, No.58 & 59, 14th Cross, Tent House Road, Sunkadakatte, Magadi Main Road, Bengaluru – 560 091.
A registered Partnership Firm, Represented by its Partners.
2. Mr.Sunil S. Ghuge, Aged about 43 years, S/o Mr.Shivaji Rao Ghuge, Residing at No.9/3, 2nd Main, 4th Cross, Shivanagara, Rajajinagara, Bengaluru – 560 010.
Represented by the General Power of Attorney Holder -the third petitioner herein.
3. Mr.Shivaji Rao Ghuge, Aged about 72 years, S/o late Sri.Deo Rao Ghuge The applicant No.2 to 3 are R/a No.9/3, 2nd Main, 4th Corss, Shivanagara, Rajajinagara, Bengaluru – 560 01.
… Petitioners (By Sri.M.K.Narasimha Rao, Advocate for Sri.Guru Prasad A, Advocate) AND:
The Karnataka Bank Limited, A banking company incorporated under the Indian Companies Act, 1913, Having its registered office and head office at P.B.No.599, Mahaveera Circle, Kankanady, Mangaluru – 575 002.
And one of its Branch situated at No.386, 6th Block, Rajajinagara, Bengaluru – 560 010.
… Respondent These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order of dismissal dated 25.6.2016 passed by the Hon’ble Debts Recovery Tribunal at Bengaluru in M.A.No.18/2015 filed by the petitioners vide Annexure-A and etc.
These Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.M.K.Narasimha Rao, learned counsel for Sri.Guru Prasad A, learned counsel for the petitioners.
In these petitions, the petitioners have assailed the validity of order dated 25.06.2016 by which application for setting aside the final order dated 30.07.2015 passed by the Debts Recovery Tribunal, Karnataka, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) has been dismissed.
2. Admittedly, against the aforesaid order, an appeal lies under Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993.
3. Needless to state that in case the petitioners file an appeal within a period of three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall decide the appeal preferred by the petitioners by extending them the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-