IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.4376/2011 & 4389/2011(GM-DRT) BETWEEN:
1. SRI SHANKAR S/O B R RAMASWAMY AGED ABOUT 32 YEARS, RESIDING AT NO.69, 7TH MAIN, 2ND BLOCK, 4TH PHASE, III STAGE, BANASHANKARI BANGALORE 85.
2. SMT SATYAVATHI D/O VENKATANARAYANAPPA, RESIDING AT NO.4TH CROSS, ASHOKNAGAR 1ST STAGE, BANASHANKARI, BANGALORE 560050.
... PETITIONERS (BY SRI K. GOVINDARAJ, ADVOCATE) AND THE STATE BANK OF TRAVANCORE BANASHANKARI BRANCH BANGALORE-560085.
REP. BY ITS BRANCH MANAGER.
... RESPONDENT (BY SRI B.C. GURU, ADVOCATE) **** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.01.2011 IN S.A.NO.527 OF 2010 BY CALLING FOR RECORDS OF THE SAID S.A.NO.
527 OF 2010, ANNEXURE D FROM THE DEBTS RECOVERY TRIBUNAL, KARNATAKA AT BANGALORE AND FURTHER DIRECT THE TRIBUNAL TO CONSIDER THE OBJECTIONS ALREADY FILED AND THAT MAY BE ALLOWED HERE AFTER AND GRANT RELIEF BOTH UNDER SARFAESI ACT AND NEGOTIABLE INSTRUMENTS ACT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R When the matter came up before this Court on 3.12.2018, Sri Brijesh Chander Guru, learned counsel for the respondent raised preliminary objection with regard to maintainability of the present writ petitions and contended that the petitioners have got an alternative remedy of appeal before the before the Debts Recovery Tribunal under the provisions of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short). The said submission was recorded and in order to provide one more opportunity, the matter was adjourned. Accordingly, the matter is posted today.
2. Today, when the matter is called in the pre-lunch session, somebody appeared for the petitioner and sought for pass over and accordingly, the matter was passed over. In the post-lunch session though the matter is called twice at 2.30 p.m. and 4.00 p.m., none appeared for the petitioner.
3. The petitioners in the above writ petitions have sought for quashing the order dated 10.1.2011 passed by the Debts Recovery Tribunal in S.A. No.527/2010 and to direct the Tribunal to consider the objections already filed and grant relief both under the SARFAESI Act and Negotiable Instruments Act.
4. In view of the alternative remedy of appeal available under the provisions of Section 18 of the SARFAESI Act against the order passed by the Debts Recovery Tribunal, the present writ petitions are not maintainable.
5. Accordingly, the writ petitions are dismissed as not maintainable with liberty to the petitioners to avail the alternative remedy of appeal within a period of three weeks from the date of receipt of copy of this order.
The interim order granted by this Court on 21.1.2011 in the present writ petitions shall enure to the benefit of the petitioners for a period of four weeks.
Sd/-
Gss/- JUDGE