IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.10657 OF 2017 (GM-DRT) BETWEEN:
Sri. T. V. Srinivasa Murthy S/o Sri. T. S. Venkatesh Murthy Aged about 42 years R/at No.887, 19th Main, 19th Cross, Ideal Homes Township, Rajarajeshwari Nagar, Bengaluru-560 098.
(By Sri. Vishwanath N, Advocate) And:
1. Bank of Baroda, M.G. Road Branch, No.66, 1st Floor, M. G. Road, Bengaluru-560 001.
Rep. by its Asst. Gen Manager 2. Sri. Prashanth Venkatesh S/o Sri. R. Venkatesh, R/at No.23, Srinivasa Nagar, Behind Srinivas Temple, Kittaganur road, K. R. Puram, Bengaluru – 560 036.
3. Mr. P. Balaji Rao S/o K. N. Prabhakar, ... Petitioner R/at No.247/A, 9th Main, 5th Cross, Hanumanthanagara, Bengaluru – 560 019.
... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 22.07.2016 passed by Debts Recovery Tribunal, Karnataka in M.A.33/2015 at Annex-F.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner.
In this petition, petitioner inter alia has assailed the validity of the order dated 22.07.2016 passed by the Debts Recovery Tribunal (hereinafter referred to as ‘the Tribunal’).
2. Admittedly, the petitioner has a remedy to file the appeal against the aforesaid order before the Debts Recovery Appellate Tribunal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993.
3. In view of the availability of an efficacious alternative remedy as well as law laid down by the Hon’ble Supreme Court in ‘UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110, the writ petition is disposed of with liberty to the petitioner to file an appeal before the Debts Recovery Appellate Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today.
4. Till the petitioner files an appeal, ad-interim order dated 15.03.2017 granted by a bench of this Court, shall continue provided the petitioner has complied with the conditions prescribed in the order.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE Mds/-