IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11305 OF 2018 (GM-DRT) AND Writ Petition Nos.9181-9183 of 2019 BETWEEN:
SRI. HIRANYA GOWDA AGED ABOUT 43 YEARS S/O. SONNE GOWDA R/AT KALAVA VILLAGE NARASAPURA HOBLI KOLAR TALUK AND DISTRICT.
(BY SRI N. V. PRABHAKARAIAH, ADVOCATE) AND:
1. AXIS BANK LIMITED NO.774, 100 FEET ROAD HAL, 2ND STAGE, INDIRANAGAR BENGALURU – 560 038 REPRESENTED BY ITS ... PETITIONER AUTHORISED SIGNATORY AND BRANCH HEAD MR. DIVAKARA N.R.
2. SRI ASWATHAIAH S/O. SRI MUNISHAMAPPA R/AT DODDAVALLAABBI VILLAGE KOLAR TALUK AND DISTRICT.
... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.12.2016 IN O.A. 1207/2103 PASSED BY THE HON’BLE DEBTS RECOVERY TRIBUNAL BENGALURU UNDER SECTION 19 OF THE RECOVERY OF DEBTS DUE TO THE BANKS AND FINANCIAL INSTITUTIIONS ACT, 1933 VIDE ANNEXURE-A; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. N. V. Prabhakaraiah, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. Heard on the question of admission.
3. In these petitions, the petitioner inter alia has assailed the validity of the order dated 22.12.2016 passed by the Debts Recovery Tribunal, Bangalore in exercise of powers under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
4. Against the aforesaid order, the petitioner has an alternate efficacious remedy of filing an appeal before the Debts Recovery Tribunal under Section 30 of the Act. For the reasons assigned by this Court in W.P.No.26976/2017 and 33458-459/2017 dated 25.03.2019, the petitions are disposed of with liberty to the petitioner to take recourse to the remedy which is provided to him under law.
5. Needless to state that in case such an appeal is filed within a period of two weeks from the date of receipt of a certified copy of the order passed today, the petitioner shall be entitled to the benefit of principles contained in Section 14 of the Limitation Act, 1963.
With the aforesaid directions, the petitions stand disposed of.
Sd/- JUDGE RD