IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT PETITION Nos.14315-14316 OF 2017 (GM-DRT) BETWEEN:
1. MR. V. S. MAHESHWARI SON OF LATE MR. B.L. SOMANI AGED ABOUT 69 YEARS RESIDING AT NO.A86 FIRST FLOOR, SECTOR-34 NOIDA-201 301.
2. MR. G. C. LOHIA SON OF LATE LAKSHMINARAYAN LOHIA AGED ABOUT 89 YEARS RESIDING AT NO.5 VIVEKANANDA ROAD YADAVGIRI, MYSURU-570 020.
... PETITIONERS (BY SRI.RAGHURAM CADAMBI, ADVOCATE) AND:
1. STATE BANK OF INDIA MYSORE MAIN BRANCH NEW SAYYAJI RAO ROAD MYSURUE-560 057 REPRESENTED BY ITS BRANCH MANAGER.
2. M/S. DUNFORD FABRICS LIMITED NO.5, VIVEKANANDA ROAD YADAVGIRI, MYSURU-570 020 REPRESENTED BY ITS OFFICIAL LIQUIDATOR HIGH COURT OF KARNATAKA CORPORATE BHAVAN 26-27, 12TH FLOOR RAHEJA TOWERS, M.G. ROAD BENGALURU-560 001.
3. KARNATAKA STATE FINANCIAL CORPORATION LIMITED NO.1/1, THIMMAIAH ROAD BENGALURU -560 052 REPRESENTED BY ITS GENERAL MANAGER.
4. KARNATAKA STATE INDUSTRIAL INVESTMENT AND DEVELOPMENT CORPORATION LIMITED KHANIJA BHAVAN, 4TH FLOOR, EAST WING NO.49, RACE COURSE ROAD BENGALURU -560 001 REPRESENTED BY ITS GENERAL MANAGER.
5. DIRECTOR OF INDUSTRIES AND COMMERCE GOVERNMENT OF KARNATAKA OFFICE OF THE DIRECTOR OF INDUSTRIES AND COMMERCE NO.14, NRUPATHUNGA ROAD BENGALURU -560 062 REPRESENTED BY ITS GENERAL MANAGER.
6. INDUSTRIAL RECONSTRUCTION BANK OF INDIA NO.603, 6TH FLOOR, MANIPAL CENTRE 47, DICKENSON ROAD BENGALURU -560 042 REPRESENTED BY ITS GENERAL MANAGER.
... RESPONDENTS (BY SRI.VIGNESHSHETTY, ADVOCATE FOR RESPONDENT No.1 OFFICIAL LIQUIDATOR FOR RESPONDENT No.2 SRI MANJUNATH, ADVOCATE FOR SRI BIPIN HEGDE, ADVCOATE FOR RESPONDENT No.3 SRI VASANTH V FERNANDES, HCGP FOR RESPONDENT No.5 RESPONDENT No.4 IS SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.2.3.2017 PASSED BY THE HON'BLE DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI IN AIR NO.131/2016 VIDE ANNEX-A AND CONSEQUENTLY ALLOW THE APPLICATION FOR WAIVER OF PRE-DEPOSIT AS PRAYED FOR.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER Aggrieved by the order dated 02.03.2017 passed by the Debt Recovery Appellate Tribunal, Chennai in directing the petitioner to make pre-deposit of Rs.80,00,000/-, failing which, the appeal would be dismissed automatically without further hearing in the matter is sought to be challenged herein.
2. Learned counsel for the petitioner submits that he has a very good case on merits and that he need not make pre-deposit. However, on hearing him, we do not find any ground to interfere with the order passed by the Debt Recovery Appellate Tribunal.
3. Merits of the appeal are different. Pre-deposit is a statutory requirement. Until and unless the same is made, the appeal cannot be heard by the Tribunal. There is a bar for hearing the appeal on merits without pre-deposit. That is the law. No other ground is pleaded.
4. Under these circumstances, we find no good ground to entertain the writ petitions. Accordingly, the writ petitions are dismissed.
Sd/- Sd/-
JUDGE JUDGE mpk/-* ct:bms