IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35292 OF 2019 (GM-DRT) BETWEEN:
SRI.N.SOMASHEKAR REDDY, S/O.NARAYANAPPA, AGED ABOUT 54 YEARS, AT 9/331, LAVANYA NILAYA, MUNIVENKATAPPA EXTENSION, ANEKAL, BENGALURU – 562 106.
... PETITIONER (BY SMT.SANDHYA.U.PRABHU, ADVOCATE) AND:
SREENIDHI SOUHARDA SAHAKARI BANK NIYAMITHA, ADMINISTRATIVE OFFICE & V.V. PURAM BRANCH, REPRESENTED BY ITS, AUTHORIZED OFFICER, NO.113, R.V. ROAD, VISHVESHWARAPURAM, BENGALURU - 560 004.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:08.08.2019 VIDE ANNEXURE-G PASSED BY THE LEARNED HON'BLE DEBTS RECOVERY TRIBUNAL AT BANGALORE PASSED IN I.R NO.2566/2019.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. Sandhya U. Prabhu, 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 respondent.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 08.08.2019 passed by the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’ for short) by which while granting stay, certain conditions have been imposed by the Tribunal.
3. After arguing the matter to some extent, learned counsel for the petitioner submits that the petitioner be granted liberty to file an application for modification of the conditions imposed in the impugned order dated 08.08.2019 before the Tribunal and the Tribunal be directed to decide the application in accordance with law by a speaking order within a fixed time limit.
4. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with liberty to the petitioner that in case the petitioner files an application seeking modification of the conditions imposed in the interim order dated 08.08.2019, the Tribunal shall decide the application in accordance with law by a speaking order after affording an opportunity of hearing to the parties within a period of ten days from the date of receipt of such an application. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Mds/-
Sd/- JUDGE