IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.33992/2019 (GM-DRT) BETWEEN:
1. MR. VICTOR SALVADORE D’SOUZA AGED 60 YEARS S/O. SALVADORE D’SOUZA 2. MRS. DIANA JULIET D’SOUZA AGED 54 YEARS W/O. VICTOR SALVADORE D’SOUZA 3. MRS. NICHOLA CARINA D’SOUZA AGED 31 YEARS D/O. VICTOR SALVADORE D’SOUZA THE PETITIONERS NO.2 AND 3 ARE REPRESENTED BY THEIR GPA HOLDER MR. VICTOR SALVADORE D’SOUZA ALL ARE R/AT ‘DEVDAN’ SIMON LANE NAGORI, KANKANADY MANGALURU – 575 002 …PETITIONERS (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND:
1. THE KARNATAKA BANK LTD. BRANCH AT FIRST FLOOR KARTHIK COMPLEX, JODUMARGA BANTWAL MUDA, D.K.DISTRICT-574219 REPRESENTED BY ITS BRANCH MANAGER SRI GIRISH B 2. MR.AVINASH RODRIGUES AGED 29 YEARS S/O. ALPHONSE RODRIGUES R/AT. NO.16-182, GOREMAR HOUSE MODANKAP POST, BANTWAL D.K.DISTRICT – 574219 3. MRS. SEWRIN RODRIGUES AGED 57 YEARS W/O. ALPHONSE RODRIGUES R/AT. NO.16-182, GOREMAR HOUSE MODANKAP POST, BANTWAL D.K.DISTRICT-574219 4. M/S. PARAMOUNT REALTY & INFRASTRUCTURE A PARTNERSHIP HAVING ITS PLACE OF BUSINESS AT NO.3-W-28-2350/1, GROUND FLOOR “DEV PLAZA” KADRI TEMPLE ROAD MANGALURU – 575 003 REPRESENTED BY ITS PARTNERS MR.LOUIS LOBO AND MR.RONALD D MONTEIRO 5. MR.LUIS JOHN LOBO, MAJOR S/O. JOHN LOBO R/AT. “LOBO COTTAGE” VAMANJOOR, MANGALURU – 575028 6. MR.RONALD D MONTEIRO MAJOR S/O.G.R.MONTEIRO R/AT NO.604, 6TH FLOOR SUSHMA APARTMENTS, LOBO LANE BENDORE, MANGALURU – 575 002 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.06.2019 PASSED BY THE DEBTS RECOVERY TRIBUNAL-I, BENGALURU IN O.A.NO.1068/2018 (ANNEXURE-A).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Pundikai Ishwara Bhat, learned counsel for the petitioners.
2. After arguing the matter to some extent, learned counsel for the petitioners submits that he may be granted liberty to avail of remedy available under Section 30 of the Recovery of Debts (Due to Banks and Financial Institutions) Act, 1993.
3. In view of the aforesaid submission, the writ petition is disposed of with liberty that in case the petitioners file an appeal along with the application for stay against the order dated 29.06.2019, passed by the Debts Recovery Tribunal, the District Appellate Tribunal shall decide the application for stay after affording an opportunity of hearing to the parties within a period of two weeks from the date of filing of such application.
Sd/- JUDGE HJ