IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.26777 OF 2018 (GM-DRT) BETWEEN:
MR SUBASH MENON SON OF MR JAYAPALA MENON, AGED 53 YEARS, NO 86/1, NANDIDURGA ROAD, BENSON TOWN, BANGALORE - 560046 (By Mr.NISCHAL DEV, ADV.) AND:
1. AXIS BANK LIMITED REGISTERED OFFICE AT “TRISHUL” 3RD FLOOR, OPPOSITE SAMRATHERSHWAR TEMPLE, LAW GARDEN ELLIS BRIDGE, AHMEDABAD - 380006 CORPORATE BANKING BRANCH EXPRESS BUILDING, 2ND FLOOR, NO 1, QUEENS ROAD, BANGALORE - 560001 2. PUDUCHERRY MUNICIPAL SERVICES PVT LTD NO. 1, HARI PLAZA, 8TH CROSS, … PETITIONER ANNA NAGAR, PUDUCHERRY - 605005 3. KIVAR HOLDINGS PVT LTD NO 18C, 1ST B MAIN HSR LAYOUT, SECTOR - 6, HOSUR SARJAPUR ROAD, HSR LAYOUT (NEAR SILK BOARD ) BANGALORE - 560034 4. KIVAR ENVIRON PVT LTD NO 18C, 1ST B MAIN HSR LAYOUT, SECTOR - 6, HOSUR SARJAPUR ROAD, HSR LAYOUT (NEAR SILK BOARD ) BANGALORE - 560034 (By Mr.VIJAY BHONSLE BEFORE DRT MR.P.CHIDANANDA ADV. FOR R1 (ABSENT) NOTICE TO R2 TO R4 IS DISPENSED WITH) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF THE HON'BLE DRT TA 729/17 DATED 6.6.2018 VIDE ANNEX-A;
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Nischal Dev, learned counsel for the petitioner. Mr.Vijay Bhonsle appearing before Debt Recovery Tribunal.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the Debt Recovery Tribunal to consider the Interlocutory Application filed by the petitioner before proceeding further with the original application.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner resigned from the post of Director of respondent No.2-Company herein in the year 2013 and thereafter the account of the respondent No.2 was classified as Non-Performing Assets on 29.01.2014. It is also submitted that the petitioner has filed an application seeking deletion of his name before the Debt Recovery Tribunal. However, the aforesaid application has not been decided till today and the writ petition be disposed of with a direction to the Debt Recovery Tribunal to pass an appropriate order in accordance with law on the aforesaid application before proceeding further with the original application. On the other hand, learned counsel for the respondents has submitted that he has no objection to the grant of aforesaid prayer.
5. In view of the submissions made and in the facts of the case, the Writ Petition is disposed of with a direction to the Debt Recovery Tribunal to consider the application submitted by the petitioner seeking deletion of his name before proceeding further with the original application filed before it after hearing the necessary parties by a speaking order within one month from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS