IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.9639 OF 2018 (GM-DRT) BETWEEN:
STATE BANK OF INDIA A BODY CORPORTE CONSTITUTED UNDER THE PROVISIONS OF THE STATE BANK OF INDIA ACT, 1955 (23 OF 1955) AND THE SUCCESSOR TO STATE BANK OF TRAVANCORE UNDER THE ACQUISITION OF STATE BANK OF TRAVANCORE UNDER ORDER NO.G.S.R. 160(E) DATED 22/02/2017 PASSED BY THE CENTRAL GOVERNMENT UNDER SECTION 35 OF THE STATE BANK OF INDIA ACT, 1955 (23 OF 1955) AND HAVING INTER-ALIA STRESSED ASSETS MANAGEMENT BRANCH, WITH ADDRESS AT 2ND FLOOR, OFFICE COMPLEX BUILDING LHO COMPLEX, 65, ST.MARKS ROAD BENGALURU REPRESENTED BY ITS CHIEF MANAGER MR. RATAN KUMAR SINHA AGED ABOUT 52 YEARS S/O. LATE M.M. PRASAD C/O. APPLICANT. ... PETITIONER (BY SRI RAJASHEKAR S., ADV.) AND:
1. M/S. SAMRAT ASHOK EXPORTS LTD. (REP. BY THE OFFICIAL LIQUIDATOR) O/O. OFFICIAL LIQUIDATOR THE HIGH COURT OF KARNATAKA BENGALURU-560 001.
2. MR.PRAVEEN CHANDER CHUGH C/O. NO.85/1, SHAKTHI BUILDING K.H.ROAD, BENGALURU-560 027.
3. MR. ASHOK CHUGH C/O. NO.85/1, SHAKTHI BUILDING K.H.ROAD, BENGALURU-560 027.
4. MR. DAVINDER KUMAR (DEAD) REP BY SMT. SUSHEELA W/O. LATE DAVINDER KUMAR AGED ABOUT 66 YEARS C/O. NO.85/1, SHAKTHI BUILDING K.H.ROAD, BENGALURU-560 027.
5. MR. SHALEEN CHUGH C/O. NO.85/1, SHAKTHI BUILDING K.H.ROAD, BENGALURU-560 027.
6. MRS. SARITHA CHUGH C/O. NO.85/1, SHAKTHI BUILDING, K.H.ROAD, BENGALURU-560 027.
7. M/S. KHODAY INDIA LIMITED REGD. OFF “BREWERY HOUSE” KANAKAPURA ROAD, BANGALORE HAVING ADMINISTRATIVE OFFICE: NO.612, XV CROSS, SARAKKI I PHASE 100 FEET ROAD, J.P.NAGAR BENGALURU-560 078.
8. M/S. M & S MARKETING COMPANY & M/S. M & S BOTTLING COMPANY OFFICE: PLOT NO.64 STREET NO.1, SAGAR SOCIETY ROAD NO.2, BANJARA HILLS HYDERABAD-500 033.
9. THE RECOVERY OFFICER-1 DEBTS RECOVERY TRIBUNAL-I SECOND FLOOR JEEVAN MANGAL BUILDING NO.4, RESIDENCY ROAD, BENGALURU-560 025. ... RESPONDENTS (BY SRI GURUMURTHY M., ADV. FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.01.2017 PASSED BY THE RECOVERY OFFICER-1 OF DEBTS RECOVERY TRIBUNAL/THE RESPONDENT NO.9 (ANNEXURE-A TO THE WRIT PETITION) AND/OR TO DIRECT THAT THE DECISION OF THE IMPUGNED ORDER DATED 31.01.2017 THROUGH THE CLAIM PETITIONS FILED UNDER RULE (11) OF THE SECOND SCHEDULE TO THE INCOME TAX ACT, 1961 IS ERRONEOUS AND NON-BINDING ON THE PETITIONER AND TO FURTHER DIRECT THE RESPONDENT NO.9 TO INITIATE RECOVERY PROCEEDINGS AGAINST THE SCHEDULE PROPERTY, WITHOUT CONSIDERING THE CLAIMS SET UP BY THE RESPONDENT NO.7 AND 8 AS THE OBJECTORS NO.1 AND 2.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In view of the peremptory order dated 20.02.2019, the writ petition is dismissed.
Sd/- JUDGE ST