IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.44717/2018 (GM-DRT) BETWEEN:
SRI MOHAMMED MOULA, S/O LATE M. A. RASEED, R/AT NO.7-1202, BANK COLONY, NEHRU GUNJ, GULBARGA. ... PETITIONER (BY SRI JAVEED S, ADVOCATE - ABSENT) AND:
1. THE AUTHORISED OFFICER AT VIJAYA BANK, OFFICE AT P.B.NO.9, KOWLGIKAR BUILDING, SUPER MARKET, KALABURGI.
2. NAZEEMUDDIN, S/O BASHIRRUDDIN, AGED ABOUT 50 YEARS, R/AT IMLI MOHALLA, MANIOURA, GULBARGA.
3. SRI MOHAMMED KHAJA, S/O LATE M. A. RASHEED, AGED ABOUT 45 YEARS, R/AT NO.7-1202, BANK COLONY, NEHRU GUNJ, GULBARGA. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.12.2017 PASSED BEFORE THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BANGALORE, ON I.A.NO.1678/2017 (TO CONDONE DELAY) IN S.R.NO.9071/2017 FILED BY THE PETITIONER/PLAINTIFF.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None 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. In this petition, the petitioner inter alia seeks quashment of the order dated 11.12.2017 passed by the Debts Recovery Tribunal (‘DRT’ for short) on I.A.No.1678/2017 in S.R.No.9071/2017 filed by the petitioner.
3. The petitioner has alternative efficacious remedy of filing an appeal against the order passed by the DRT dated 11.12.2017 under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) before the Debts Recovery Appellate Tribunal (‘DRAT’ for short).
4. In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to file an appeal under Section 18 of the Act. 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 DRAT shall decide the appeal on merits and extend the benefit of principles contained under Section 14 of the Limitation Act, 1963 to the petitioner.
5. Accordingly, the writ petition is disposed of.
Sd/- JUDGE MD