IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30115 OF 2016 (GM-DRT) BETWEEN:
SRI K N SUHAS AGED ABOUT 28 YEARS, S/O K.S.NARAYANASWAMY R/AT NO.2, 1ST FLOOR, 33rd CROSS 4TH ‘T’ BLOCK, JAYANAGAR BANGALORE-560 011. … PETITIONER (By Mr. JAMAL SAIT, ADV. FOR Mr. SANJAYA KUMAR K N, ADV.) AND:
1. SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA (SIDBI) KHANIJA BHAVAN V FLOOR, EAST WING, NO.49, RACE COURSE ROAD BANGALORE-560001 REP BY ITS DEPUTY GENERAL & AUTHORISED PERSON SRI.S.SREEPATHY S/O H.SUBBARAO AGED ABOUT 48 YEARS.
2. REGIONAL PASSPORT OFFICER MINISTRY OF EXTERNAL AFFAIRS GOVT OF INDIA LALBAGH ROAD BANGALORE-560 027.
3. M/S GEO BIOTECHNOLOGIES INDIA PVT LTD NO.133, 3RD CROSS, 3RD MAIN, 4TH PHASE, DOLLAR COLONY, J.P.NAGAR BANGALORE-560 078 REP BY ITS MANAGING DIRECTOR K.S.NARAYANA SWAMY 4. SRI.K.S.NARAYANA SWAMY AGED ABOUT 57 YEARS, S/O KOLLUR SHOWDAPPA MANAGING DIRECTOR, M/S GEO BIOTECHNOLOGIES INDIA PVT LTD NO.133, 3RD CROSS, 3RD MAIN, 4TH PHASE, DOLLAR COLONY, J.P.NAGAR BANGALORE-560 078.
5. SMT. SHASHIMALA.B.G. AGED ABOUT 51 YEARS, NO.133, 3RD CROSS, 3RD MAIN, 4TH PHASE, DOLLAR COLONY, J.P.NAGAR BANGALORE-560 078 … RESPONDENTS (By Mr. H S RUKKOJI RAO ADV. FOR R1 Smt. H R ANITHA, ADV. FOR R2* V/O DTD 04/12/17 NOTICE DISPENSED TO R3-R5) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the debt recovery tribunal in O.A.No.363/2016, dated 01.03.2016, thereby directing the petitioner to surrender his passport as per Annex-A and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
*Deleted vide Court Order dated 03-06-2019 ORDER Sri.Jamal Sait, learned counsel for Sri.Sanjaya Kumar K.N., learned counsel for the petitioner.
Sri.H.S.Rukkoji Rao, learned counsel for the respondent No.1.
Smt.H.R.Anitha, learned counsel for respondent No.2.
2. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to file an application under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as ‘the Act’ for short).
3. In view of the aforesaid submission, the petition is disposed of with liberty to the petitioner to file an appeal under Section 20 of the Act within a period of three weeks from the date of receipt of certified copy of the order passed today. Needless to state that in case the petitioner files an appeal within a period of three weeks from the date of receipt of certified copy of the order passed today, the petitioner is entitled to the benefit of the principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE RV