IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24114 OF 2018 (GM-DRT) Between:
Sri. Srinivasamurthy R. V, S/o. Late Sri. Vasudevamurthy R, Aged 46 years, No.7, 1st Floor, 80 Feet Road, Srinivasanagara, BSK I Stage, 2nd Block, Bengaluru-560 050.
… Petitioner (By Sri. Sameer S. N, Advocate (Absent)) And:
1. Canara Bank, Vasanthanagara Branch, Kodava Samaja Building, 1st Main Road, Vasantha Nagar, Bengaluru-560 052.
2. Mr. Basudev Dhar, Recovery Officer-2, Debts Recovery Tribunal-2.
3. Sri. R. V. Kiran Kumar, S/o. Late Vasudeva Murthy R, Aged 41 years, R/at No.9, 15th Cross, S. R. Nagara, Bengaluru-560 027.
... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order in O.A.No.2367/2014 passed by the Debts Recovery Tribunal, Karnataka at Bengaluru dated 31.08.2015 vide Annexure-A.
This petition coming on for Orders, this day, the Court made the following:-
ORDER 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, petitioner has assailed the validity of the order dated 31.08.2015 passed by the Debts Recovery Tribunal, Karnataka.
3. In view of Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, the petitioner has an efficacious remedy of filing an appeal before the Debts Recovery Appellate Tribunal (hereinafter referred to as ‘the Appellate Tribunal’ for short).
4. Accordingly, writ petition is disposed of with liberty to the petitioner that in case he files an appeal within a period of four weeks from the date of receipt of certified copy of the order passed today before the Appellate Tribunal, the Appellate Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963 and shall decide the appeal which shall be preferred by the petitioner.
Sd/- JUDGE Mds/-