IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.55167 OF 2014 (GM-DRT) C/W.
WRIT PETITION NO.27092 OF 2014 & WRIT PETITION NO.29800 OF 2014 (GM-DRT) IN W.P.NO.55167/2014:
Between:
1. Sri. Vishwas Muniyappa, S/o. T.Muniyappa, Aged about 32 years, Residing at:
Behind Dasappa’s House, 1st Main, Shabarinagar, Byatarayanapura, Bengaluru-560 092.
2. Smt. Indumathi, W/o. Late Muniyappa, Aged about 62 years, Residing at:
Behind Dasappa’s House, 1st Main, Shabarinagar, Byatarayanapura, Bengaluru-560 092. ... Petitioners (By Sri. L.M.Panduranga Swamy, Advocate) And:
1. Sri. Mahadeva Naidu, S/o. T.Srinivasulu Naidu, Aged about 57 years, Proprietor of M/s Sai Ram Developers, No.115A, Hanuma Hills, 1st Main, 4th Cross, BSK IV Stage, Bengaluru-560 061.
2. Smt P.Swarnalatha, W/o Sri Prasanna Kumar Shetty, Aged about 49 years, Residing at: Np/287/1, Near SRP Industries, Kanakapura Main Road, Sarakki Gate, J.P.Nagar, 1st Phase, Bengaluru-560 078.
3. State Bank of Mysuru, Jayanagar Branch, No.13, 9th Main Road, III Block, Jayanagar, Bengaluru-560 011.
4. The Recovery Officer-1, Debts Recovery Tribunal, Karnataka, Krishi Bhavan, Hudson Circle, Nrupathunga Road, Bengaluru-560 001. …Respondents (By Sri D.Rajagopal, Advocate for R2 Sri Chithappa, Advocate for R3;
petition dismissed against R-1 & R-4 v/o dated 29.07.2015) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the recovery notice dated 20.10.2014 issued by R-4/DRT in O.A.No.666/2009, DRC No.6963 vide Annexure-A and direct R-4 to wait till all the litigations filed by the petitioners are adjudicated by issuing a writ of mandamus against R-4.
IN W.P.NO.27092 OF 2014 (GM-DRT) & W.P.NO.29800 OF 2014 Between:
1. Sri. Vishwas Muniyappa, Aged about 31 years, S/o. T.Muniyappa, Residing at:
Behind Dasappa’s House, 1st Main, Shabarinagar, Byatarayanapura, Bellary Road, Bengaluru-560 092.
2. Smt. Indumathi B.G, Aged about 61 years, W/o. T.Muniyappa, Residing at No.228, Behind Dasappa’s House, 1st Main, Shabarinagar, Byatarayanapura, Bellary Road, Bengaluru-560 092. ... Petitioners (By Sri. N.S.Bhat, Advocate) And:
1. State Bank of Mysuru, Jayanagar Branch, No.13, 9th Main Road, III Block, Jayanagar, Bengaluru-560 011. Represented by its Manager.
2. Sri T.S. Mahadeva Naidu, Aged about 57 years, Proprietor of M/s. Sai Ram Developers, S/o T.Srinivasulu Naidu, No.115A, Hanuma Hills, 1st Main, 4th Cross, B.S.K. IV Stage, Bengaluru-560 061.
3. Smt. Swarnalatha.P, Aged about 49 years, W/o Sri.V.Prasanna Kumar Shetty, No.287/1, Near SRP Industries, Kanakapura Main Road, Sarakki Gate, J.P.Nagar 1st Phase, Bengaluru-560 078.
4. The Presiding Officer, The Debts Recovery Tribunal, Krushi Bhavan, Near Hudson Circle, Bengaluru-560 001. …Respondents (By Sri Chithappa, Advocate for R1;
R-2 and R-4 are served but unrepresented; Sri. D.Rajagopal, Advocate for R-3) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by R-4/DRT in M.A.Bearing I.R.No.2716/2012 and IA.No.113/2013 dated 15.5.2014 vide Annexure-A against the order dated 14.06.2012 passed in O.A.No.666/2012 and discharge the petitioners completely from any sort of liability in the above case by issuing an appropriate writ of certiorari in favour of the petitioners.
These writ petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
O R D E R W.P.No.55167/2014 is filed by the borrowers against the recovery notice dated 20.10.2014 vide Annexure ‘A’ in pursuance of the Certificate dated 19.11.2012 made in O.A.No.666/2009 issued by the Presiding Officer, Debts Recovery Tribunal, Bengaluru.
W.P.No.27092/2014 and W.P.No.29800/2014 are filed by the very borrowers challenging the order dated 15.05.2014, dismissing Interlocutory Application filed under Section 5 of the Limitation Act, 1963 read with Section 19(25) of Debt Recovery Tribunal Act with costs of Rs.5,000/-.
2. Sri Chithappa, learned counsel for respondent No.3 in W.P.No.55167/2014 and learned counsel for respondent No.1 in W.P.No.27092/2014 and W.P.No.29800/2014 raised a preliminary objection contending that these writ petitions are filed against the recovery notice and against the order passed by the DRT, rejecting the application to recall the ex-parte order dated 29.12.2009 and Judgment dated 14.06.2012 passed in O.S.No.666/2009 are not maintainable.
3. Admittedly, the original judgment/order passed in O.A.No.666/2009 dated 14.06.2012 has not attained finality, unless and until, the said judgment/order is set aside. Question of granting relief challenged in the appeal does not arise at this stage.
4. Sri L.M. Panduranga Swamy, learned counsel for petitioners in W.P.No.55167/2014 and Sri N.S.Bhat, learned counsel for petitioners in W.P.No.27092/2014 and W.P.No.29800/2014, submit that the writ petitions may be disposed of with a liberty to the petitioners to avail the alternative remedy of appeal as contemplated under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993.
4. The said submission is placed on record.
5. In view of the above, writ Petitions are disposed of as not maintainable with liberty to the petitioners to avail an alternative remedy as contemplated under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, in accordance with law.
Sd/- JUDGE cp*