IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.6642/2017 (GM-DRT) BETWEEN :
R.V.NATHAN (MORTGAGER/GUARANTOR) S/O LATE SRI V.RAJARAM AGED ABOUT 75 YEARS NO.205, RAMLAKSHMANA APARTMENT NO.89, DIAGONAL ROAD V.V.PURAM BANGALORE – 560 004 ...APPELLANT (BY SRI M.A.RAJENDRA, ADVOCATE) AND :
1. THE AUTHORISED OFFICER INDIAN BANK, NO.110, M.G.ROAD UNITED MANSION BANGALORE – 560 001 2. M/S. VAIKUND PROPERTY DEVELOPMENT (P) LTD. (BORROWER) HAVING ITS REGISTERED OFFICE NO.205, RAMALAKSHMAN APARTMENT NO.89, DIAGONAL ROAD V.V.PURAM, BANGALORE – 560 004 3. SMT. PADMA KODANDARAM (AUCTION PURCHASERS), MAJOR W/O SRI KODANDARAMA SETTY NO.15554, 5TH CROSS BANASHANKARI I STAGE, II BLOCK BANGALORE – 560 050 4. SRI L.M.KODANDARAMA SETTY (AUCTION PURCHASERS), MAJOR S/O LATE SETTY, NO.15554 5TH CROSS, BANASHANKARI I STAGE, II BLOCK BANGALORE – 560 050 ...RESPONDENTS (BY SRI K.KESHAVA BHAT, ADVOCATE FOR R-1;
SRI G.RAVISHANKAR SHASTRY, ADVOCATE FOR R-4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 02.11.2017 PASSED IN WRIT PETITION NO.49042/2017.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
J U D G M E N T Ag.CJ (Oral):
Heard. This intra court appeal is directed against the order dated 02.11.2017 of a learned Single Judge of this Court passed in Writ Petition No.49042/2017 whereby the learned Single Judge has declined to entertain the writ petition on the ground that the appellant has a statutory remedy of appeal against the order dated 23.10.2017 passed by the Debts Recovery Tribunal-II at Bangalore in TSA No.91/2017 which was impugned in the writ petition.
We find no error in the consideration made by the learned Single Judge. The writ appeal is accordingly dismissed. In view of dismissal of the appeal, I.A.No.1/2017 does not survive for consideration; it stands disposed of accordingly.
Appeal dismissed.
Sd/-
ACTING CHIEF JUSTICE hkh.
Sd/- JUDGE