IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NOS.36443-36444 OF 2017 (GM-DRT) BETWEEN:
1. SRI KISHORE K VASU SON OF SRI. K.N.VASU PROPRIETOR, VASPON DAIRY SHIVA NIWAS ESTATE NELLITHUDIKERI VILLAGE AND POST SIDDAPURA SOMAWARPET TALUK KODAGU - 571 253.
2. SRI.K.N.VASU SON OF NARAYANA AGED ABOUT 68 YEARS RESIDING AT NELLITHUDIKERI VILLAGE AND POST, SIDDAPURA SOMAWARPET TALUK KODAGU-571 253.
….PETITIONERS (BY SRI. VIVEK S REDDY, SENIOR COUNSEL FOR SRI. AKSHAY GOWDA, ADVOCATE) AND:
1. M/S CORPORATION BANK HAVING ITS HEAD OFFICE AT MANGALA DEVI TEMPLE ROAD, MANGALORE, KARNATAKA STATE AND BRANCHES INTER ALIA ONE AT KODAGU PLAZA BUILDING, B.M.ROAD, KUSHALANAGAR-571 234 KODAGU DISTRICT, KARNATAKA, REPRESENTED BY ITS SENIOR MANAGER SRI.G.RAMAKRISHNA BHAT 2. M/S NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (NABARD) HAVING ITS HEAD OFFICE AT 3RD FLOOR AWING, C-24, C BLOCK BANDRA KURLA COMPLEX, BANDRA (EAST) MUMBAI-400051 AND ITS REGIONAL OFFICE AT JEEVAN PRAKASH ANNEXE 113/1, J.C.ROAD, PB.NO.29 BENGALURU-560 002 KARNATAKA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, SRI.K.G.RANJITH KUMAR ….RESPONDENTS (BY SRI. V B RAVI SHANKAR, ADVOCATE FOR R-1 AND R-2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.4.2017 PASSED BY THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI AIR No.442 OF 2014 WITH RESPECT FO I.AS. 324 OF 2017 VIDE ANNEXURE-A, CONSEQUENTLY, DIRECT THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI TO RESTORE THE CASE IN AIR No. 442 OF 2014 AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER Aggrieved by the order passed by the Debt Recovery Appellate Tribunal in dismissing the request of the petitioners to accept the pre-deposit beyond the time granted by the Tribunal, the present petitions are filed.
2. Sri. Vivek S. Reddy, learned Senior Counsel appearing for the petitioner’s counsel submits that the time granted to make the balance of pre-deposit was by 06.02.2017. He has made the balance deposit belatedly, on 15.02.2017. Hence, he sought for condonation of delay of 9 days in making the pre-deposit. The same was rejected by the Appellate Tribunal. Hence, he pleads that equity be extended by condoning the delay of 9 days.
3. The same is disputed by the learned counsel for the respondents.
4. On hearing learned counsels, we feel that appropriate relief requires to be granted.
5. That on 07.12.2016, it was intimated to the Tribunal that the petitioners have already deposited Rs.50,00,000/- on 18.10.2016, in pursuance to the order of the High Court of Karnataka, dated 07.10.2016, in Writ Petition Nos53620-53621 of 2016. That, in all, they had to make a pre-deposit of Rs.92,00,000/-. A sum of Rs.20,00,000/- was deposited on 06.02.2017, and the balance of Rs.22,00,000/- was deposited on 15.02.2017. Therefore, in all, a sum of Rs.92,00,000/- has been deposited.
6. The only point for consideration is, whether the delay of 9 days in making the deposit, could be condoned.
7. We are of the view that the rights of the parties requires to be substantially considered by any Authority. There is a delay of only 9 days in making the deposit. We are of the view that the Appellate Tribunal was in error in rejecting the request made by the petitioners. Since the deposit has been made, the reasons are hereby accepted. Hence, we proceed to pass the following:
Order The writ petitions are allowed.
The order of the Debts Recovery Appellate Tribunal dated 20.04.2017, passed in AIR 442/2014, is set aside.
The belated deposit made on 15.02.2019, is directed to be accepted by the Appellate Tribunal.
AIR No.442/2014 is restored to file, for consideration on merits.
Sd/- Sd/-
JUDGE JUDGE RD