IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.547 OF 2019 (GM-RES) BETWEEN M/S YOJAKA INDIA PRIVATE LTD., DOOR NO.3/28/43, II FLOOR ABCO TRADE CENTRE NH 66, KOTTARA CHOWKI MANGALURU-575006 REP BY ITS MANAGING DIRECTOR JAGADISH BOLOOR S/O LATE GOPALAKRISHNA SUVARNA AGED ABOUT 57 YEARS RESIDING AT “SIDDHI”, FLAT NO.1006, 10TH FLOOR, ABHIMAN PALACE OPP:CANARA HIGH SCHOOL MANNAGUDDA MANGALURU-575 003.
... PETITIONER (BY SRI.YOGEENDRA ACHAR B, ADVOCATE) AND THE CORPORATION BANK PANDESHWAR BRANCH MANGALURU -575001 REP.BY ITS ASST. GENERAL MANAGER ... RESPONDENT (BY SRI V B RAVISHANKAR, ADVOCATE) THIS WRIT PETITIN FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE IMPGUNED EX-PARTE INTERIM ORDER DTD:22.11.2018 PASSED BY THE DRT I BANGALORE ON IA 2406/2018 IN OA NO.1602/2018 VIDE ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Yogeendra Achar.B, learned counsel for the petitioner.
Sri.V.B.Ravishankar, learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned counsel on both sides, the same is heard finally.
2. In this petition, the petitioner inter alia has prayed for the following reliefs:
“a) Quash/set aside the impugned ex-parte interim order dated 22-11-2018 passed by the DRT I Bangalore on IA 2406/2018 in OA No.1602/201 vide Annexure-B;
b) And grant such other relief or directions as this Hon’ble Court deems fit to grant in the interest of justice and equity.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that in proceedings for recovery initiated by respondent – Bank, ex-parte ad-interim order of attachment has been issued on 22.11.2018. Being aggrieved, the petitioner has filed an application for advancement of hearing and for vacating the ad-interim order. However, the aforesaid application is not being decided. He further submits that the writ petition may be disposed of with a direction to the Debts Recovery Tribunal-I, Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) to decide the application submitted by the petitioner by a speaking order in a time bound manner.
4. Learned counsel for respondent – Bank submitted that he has no objection to the aforesaid prayer.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the Tribunal to consider and decide the application filed by the petitioner seeking modification of the ad-interim order dated 22.11.2018 within a period of three days from the date of receipt of the certified copy of the order passed today.
Needless to state that the Tribunal shall afford an opportunity of hearing to both the parties.
Sd/- JUDGE dn/-