IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 7678/2015 (GM-RES) BETWEEN:
MRS. V. KAMALAMMA W/O.C.KAVERAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO. 122, SAKALAVARA VILLAGE AND POST, BANNERGHATTA ROAD, BANGALORE-560083.
(BY SRI. SHWETHA RAVISHANKAR, ADV.) ... PETITIONER AND 1. THE RECOVERY OFFICER II HON"BLE DEBT RECOVERY TRIBUNAL, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE-560001. REPRESENTED BY ITS REGISTRAR.
2. ANDHRA BANK A BODY CORPORATE, CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT 40 OF 1980, HAVING ITS HEAD OFFICE AT DR.PATTABHI BHAVAN, 5-9-11, SAIFABAD HYDERABAD, A.P. AND A BRANCH AMONGST OTHER PLACES AT VIDYAPEETA BRANCH, BANGALORE – 85 REPRESENTED BY ITS CHIEF MANAGER.
3. C KAVERAPPA S/O LATE CHINNAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO 122, SAKALAVARA VILLAGE AND POST, BANNERGHATTA ROAD, BANGALORE-560083.
(BY SRI. T P MUTHANNA, ADV. FOR R2 R3-SD & UNREPTD.) ... RESPONDENTS ******** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DT.7.1.2015 IN DCP 6894, PENDING ON THE FILE OF R-1 AS PER ANNX-A.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner. Mr. T. P. Muthanna, learned counsel for respondent No.2.
2. Learned counsel for respondent No.2 submits that petitioner has an alternative efficacious remedy of approaching the Debts Recovery Tribunal by filing an appeal under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
3. In view of the aforesaid submission and taking into account that the petitioner has an alternative efficacious remedy of filing an appeal, this writ petition is disposed of with liberty to the petitioner to take recourse to the remedy of appeal either under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 or to file an application seeking vacation of the ad interim order dated 07.01.2015 passed by the Recovery Officer.
4. Ad-interim order, if any shall continue for a period of four weeks in order to enable the petitioner to take recourse of appropriate remedy.
5. With the aforesaid liberty, this petition is disposed of.
Office is directed to transmit copy of this order to the petitioner.
Sd/- JUDGE VP