IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER 2019 PRESENT THE HON’BLE MR. JUSTICE ARAVIND KUMAR AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ W.P. NO.18328/2019 (GM-DRT) BETWEEN:
SRI. B.P. KUSHALAPPA AGED ABOUT 66 YEARS S/O B.M. POOVAIAH R/AT, NO.980, II STAGE VIJAYANGAR, HASSAN – 573 201.
...PETITIONER (BY SRI. PRABHUGOUDA B. TUMBIGI, ADVOCATE FOR SRI. M.T. NANAIAH, ASSOCIATES) AND:
1 . CANARA BANK HASSAN MAIN BRANCH HASSAN – 573 201 REP. BY ITS OFFICER AND POWER OF ATTORNEY K.N. CHELUVARAJU.
2 . SRI. B.P. KAVERAPPA AGED ABOUT 68 YEARS S/O B.M. POOVAIAH R/O RISHANHARA, NO.205/30 11TH MAIN, LAKKASANDRA EXTENSIO, ADUGODI POST BENGALURU – 560 030.
3 . SMT. BHOJAMMA AGED ABOUT 69 YEARS D/O B.M. POOVAIAH R/AT, NO.130, III STAGE VINAYAKA LAYOUT VIJAYANAGAR BENGALURU – 560 040.
4 . SRI. K.M. SHIVANNA AGED ABOUT 64 YEARS S/O K.S. MALAPPA R/O KENCHAMBA, SAMPIGE ROAD NEAR MANGALA NURSING HOME K.R. PURAM, HASSAN – 573 201.
…RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER 22.03.2019 PASSED BY THE HON’BLE DEBT RECOVER APPELLATE TRIBUNAL AT-CHENNAI ON IA NO.566/2018 FILED IN AIR 286/2018 VIDE ANNX-A AND AUTOMATICALLY DISMISSING THE AIR 286/2018.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J, MADE THE FOLLOWING:
O R D E R Order dated 22.03.2019 passed by Debt Recovery Appellate Tribunal, Chennai (for short ‘Appellate Tribunal’) in I.A.No.566/2018 filed in AIR 286/2018 (Annexure-A) is under challenge in this writ petition contending interalia that Appellate Tribunal has refused to exercise its jurisdiction to waive pre-deposit.
2. Having heard Sri Prabhugoud B Tumbigi, learned Advocate appearing for petitioner and after noticing that amount due by the borrower namely, petitioner herein as on the date of filing of the appeal, was to the tune of Rs.1.80 Crores, we find appellate tribunal has rightly directed that a sum of Rs.80 lakhs is to be deposited by way of pre-deposit for entertaining the appeal. On account of said amount having not been deposited as on today, appeal has stood dismissed.
3. We do not find any infirmity in the order passed by the Appellate Tribunal either on facts or on law calling for our interference.
4. At this juncture, Sri Prabhugoud B Tumbigi, learned Advocate appearing for petitioner submits that time granted by the Appellate Tribunal may be enlarged to pay/deposit the amount since appellant is facing utmost financial difficulties and to mobilize the amount ordered to be deposited before the Appellate Tribunal, petitioner would require six weeks time. His submission is placed on record.
5. Having regard to the fair submission made by learned Advocate appearing for petitioner, we are of the considered view that it would suffice to observe if liberty is granted to petitioner file an application before Appellate Tribunal in AIR 286/2018 (O.A.No.1054/2011) seeking hearing of the said appeal on merits only in the event of such application being filed within four weeks from today along with proof of having deposited Rs.80 lakhs as had been ordered on 28.03.2019 by the tribunal, it would meet the ends of justice. Writ petition stands disposed of accordingly.
SD/- JUDGE SD/- JUDGE sp