IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6208 OF 2019(GM-DRT) BETWEEN:
Syed Jaffer, Son of Late Syed Raheem, Aged about 50 years, Resident of :FA-3 Second floor, 12/62, 4th Main, 2nd Cross, II stage, B.T.M.Layout, Begur Hobli, Bengaluru-560 016.
(By Sri. S.A.Wajid, Advocate)(Absent) AND:
1. The Senior Manager, The Allahabad Bank, Ltd BTM Layout Branch, No.947, 1st Floor, 16th Main, BTM Layout, II Stage, Bengaluru-560 076.
2. Recovery Officer-II Debt Recovery Tribunal Residency Road, Bengaluru-560 025.
3. The Advocate Commissioner, (TRC/916/2017) No.1 Shrisha Enterprises, … Petitioner Old Mission road, Bengaluru-560 027.
…Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned dated 06.12.2013 Annexure-D passed by the Hon’ble Debts Recovery Tribunal, Karnataka at Bengaluru in O.A.No.808/2012 and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner has prayed for the following relief:-
“a) Issue a writ of certiorari or any other appropriate Writ or direction quashing the impugned order dated 06.12.2013 Annexure-D passed by the Hon’ble Debts Recovery Tribunal, Karnataka at Bengaluru in O.A.No.808/2012.”
` 3. Accordingly, I deem it appropriate to disposed of the writ petition with liberty to the petitioner to file an appeal under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act’ for short).
4. In view of the judgment laid down by the Hon’ble Supreme Court in ‘UNITED BANK OF INDIA VS. SATYAWATI TONDON AND ORS.’, (2010) 8 SCC 110, writ petition is disposed of with liberty to the petitioner to take recourse to the remedy i.e., an appeal provided under the Act.
5. It is needless to state that in case the petitioner resorts to the remedy mentioned above within a period of three weeks from the date of receipt of the certified copy of the order passed today, he shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
dn/-
Sd/- JUDGE