IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MAY 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.22202 -22204 OF 2017 (GM-DRT) BETWEEN:
1. SRI. K.MANJUNATH S/O LATE SRI. KESHAVA REDDY AGED ABOUT 49 YEARS R/O NO.49/I, II FLOOR 7TH CROSS, BRINDHAVAN NAGAR S.B.M. COLONY, MATHIKERE BANGALORE – 560 054 2. SRI. SUDARSHAN S/O SRI.SEETHARAMA SHETTY AGED ABOUT 51 YEARS R/O NO.49/1, GROUND FLOOR 7TH CROSS, BRINDHAVAN NAGAR S.B.M COLONY, MATHIKERE BANGALORE – 560 054 3. SRI. P.S.RAKESH S/O SRI. Y.C.SHIVAKUMAR AGED ABOUT 33 YEARS R/O NO.49/1, FLOOR, 7TH CROSS, BRINDHAVAN NAGAR S.B.M COLONY, MATHIKERE BANGALORE – 560 054 (BY SRI. R.S.RAVI, ADVOCATE) AND:
1. M/S. IDBI BANK LTD., NO.58, MISSION ROAD IDBI HOUSE, BANGALORE – 560 027 REPRESENTED BY ITS AUTHORISED OFFICER SRI. A.S.VARUGHESE ... PETITIONERS 2. SRI. JYOTHI LAKSHMIKAR REDDY S/O SRI. CHANGAL REDDY AGED ABOUT 44 YEARS NO.25/2, 2ND FLOOR HMT MAIN ROAD, MATHIKERE BANGALORE – 560 054 R/O NO.34/1, 3RD CROSS S.B.M. COLONY, MATHIKERE BANGALORE – 560 054 3. MR. K.THOMAS RAJ S/O NOT KNOWN AGED MAJOR NO.452, BALAJI KRUPA LAYOUT 8TH CROSS, R.K.HEGDE NAGAR SRK POST, BANGALORE – 560 077 (BY SRI. R.V.NAIK, ADV., FOR R1;
SRI. VIGNESH SHETTY, ADV., FOR R3) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF THE LEARNED I ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE DTD.22.07.2013 IN C.MISC.NO.5961/2013 VIDE ANNX-E AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R After arguing the matter for sometime, Sri.R.S.Ravi, learned Counsel for the petitioners submits that the petitioners may be permitted to file an appeal before the DRAT under the provisions of section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, within a period of thirty days.
2. In the meanwhile, Sri.R.V.Naik, learned Counsel for respondent No.1 and Sri.Vignesh Shetty, learned Counsel for respondent No.3 fairly submits that they will not precipitate further proceedings in pursuance of the impugned order passed by the DRT dated 15.05.2017 for a period of one month.
3. With the above observations, writ petitions are disposed of.
Sd/- JUDGE SA