IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.16701-702 OF 2017 C/W WRIT PETITON NOs.53620-621 OF 2016 (GM-DRT) WRIT PETITION NOs.16701-702 OF 2017 BETWEEN:
1. SRI KISHORE K VASU S/O SRI. K.N. VASU AGED ABOUT 38 YEARS PROPRIETOR, VASPON DAIRY SHIVA NIWAS ESTATE NELLITHUDIKERI VILLAGE & POST SIDDAPURA, SOMAWARPET TALUK KODAGU-571 253.
2. SRI. K.N. VASU S/O NARAYANA AGED ABOUT 68 YEARS R/AT NELLITHUDIKERI VILLAGE & POST SIDDAPURA, SOMAWARPET TALUK KODAGU-571 253.
… PETITIONERS (By Mr. VIVEK SUBBA REDDY, SR. COUNSEL A/W Mr. AKSHAY GOWDA, ADV.) 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-400 051 AND ITS REGIONAL OFFICE AT JEEVAN PRAKASH ANNEXE 113/1, J.C.ROAD, P.B.NO.29, BENGALURU-560 002, KARNATAKA REPRESENTED BY ITS ASSISTANT GENERAL MANAGER SRI.K.G.RANJITH KUMAR.
3. SRI. SHAMEER P S/O K. MOHAMMED HAZI, AGED MAJOR, RESIDENT OF MPK MANZIL, EDAYANNUR, KANNUR, KERALA STATE-670003.
4. M/S. MATEX NET PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR JAGANNIVASAN SUNDARESAN HAVING ITS REGISTERED OFFICE AT NO.4 & 5, 1ST CROSS, K.R.COLONY DOMLUR LAYOUT BANGALORE-560 071.
… RESPONDENTS (By Mr. USMAN P, ADV., FOR C/R3 Mr. V.B. RAVISHANKAR, ADV., FOR C/R3, R1, R2 & R4) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 11.4.2017 PASSED BY THE RECOVERY OFFICER IN DCP.NO.7528 VIDE ANNEX-A AND CONSEQUENTLY SET ASIDE THE SALE CERTIFICATE AND CONFIRMATION OF SALE LETTER DATED 11.4.2017 VIDE ANNEX-A1 AND ANNEX-A2 & ETC.
WRIT PETITION NOs.53620-621 OF 2016 BETWEEN:
1. SRI KISHORE K VASU S/O SRI K N VASU AGED ABOUT 38 YEARS PROPRIETOR, VASPON DAIRY SHIVA NIWS ESTATE NELLITHUDIKERI VILLAGE & POST SIDDAPURA, SOMAWARPET TALUK KODAGU-571253.
2. SRI K N VASU S/O NARAYANA AGED ABOUT 68 YEARS R/A NELLITHUDIKERI VILLAGE & POST SIDDAPURA, SOMWARPET T ALUK KODAGU-571253.
… PETITIONERS (By Mr. VIVEK SUBBA REDDY, SR. COUNSEL A/W Mr. AKSHAY GOWDA, ADV.) 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-571234 KODAGU DISTRICT, KARNATAKA REPRESENTED BY ITS SENIOR MANAGER SRI G RAMAKRISHAN 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, P.B NO.29 BENGALURU-560002, KARNATAKA REPRESENTED BY ITS ASSISTANT GENERAL MANAGER SRI K G RANJITH KUMAR.
4. SRI SHAMEER P S/O K MOHAMMED HAZI AGED:MAJOR R/O MPK MANZIL EDAYANNUR, KANNUR KERALA STATE-670595.
… RESPONDENTS (By Mr. USMAN P, ADV., FOR C/R3 Mr. V.B. RAVISHANKAR, ADV., FOR R1 & R2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ENTIRE PROCEEDINGS IN E- AUCTION INCLUDING THE SALE CONDUCTED ON 23.9.2016 BY THE R-1 & 2 VIDE ANNEX-A AND THE SAME WAS CONFIRMED BY THE RECOVERY OFFICER BY ORDER DTD.23.9.2016 & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Vivek Subba Reddy, senior counsel for Sri.Akshay Gowda, learned counsel for petitioners.
Sri.Usman.P, learned counsel for Ceveator/respondent.No.3 Sri.V.B.Ravishankar, learned counsel for respondent.Nos.2,3 and 4.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. When the matter was taken up today, learned counsel for respondents[ submitted that the order passed by the Debts Recovery Tribunal, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) is appealable under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act’ for short).
4. In view of the judgment laid down by the Hon’ble Supreme Court in ‘UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110, writ petitions are disposed of with a liberty to the petitioners to take recourse to the remedy i.e., an appeal provided under the Act.
5. It is needless to state that in case the petitioners resort to the remedy mentioned above within a period of three weeks from the date of receipt of the certified copy of the order passed today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
Sd/- JUDGE SS