IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56923 OF 2018 (GM-DRT) BETWEEN:
Sri.M.Zabulon Athisayam, S/o.Sri.A.Maharaja Nadar, Aged about 48 years, R/at No.134, 3rd Cross, Dollars Colony, J.P.Nagar, 4th Phase, Bengaluru-560 078.
(By Sri.T.N.Viswanath, Advocate) AND:
1. The Authorized Officer, United Bank of India, No.40, 2nd Floor, Geetha Mansion, Kempegowda Road, Bengaluru-560 009.
2. M/s. Rai Shakthi Steel Industries Private Limited, Site No.37/A, Sy.No.136 & 130, Jigani Industrial Area, Road No.3, Bengaluru-560 105. Reptd. By its Director, Radhesyam Rai.
… Petitioner 3. Sri.Radhesyam Rai, No.666/2, 16th Main, HAL 2nd Stage, (Near Rotary Club), Indiranagar, Bengaluru-560 008.
… Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 to act in terms of the direction dated 08.05.2017 issued by the Debt Recovery Tribunal-I, Karnataka, Bengaluru in SA 83/2016 vide Annexure-C.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri.T.N.Viswanath, 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 the learned counsel for the petitioner.
3. In this petition, the petitioner seeks for a writ of mandamus directing respondent No.1 to act in terms of the direction dated 08.05.2017 issued by the Debt Recovery Tribunal-I, Karnataka, Bengaluru in SA No.83/2016.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the Debt Recovery Appellate Tribunal to decide the appeal preferred by respondent No.1 – Bank on merits expeditiously in accordance with law.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction to the Debt Recovery Appellate Tribunal, Karnataka, Bengaluru, to decide the appeal preferred by respondent No.1 – Bank, after affording an opportunity of hearing to the parties, by passing a speaking order, within a period of six weeks from the today.
dn/-
Sd/- JUDGE