Karnataka High Court
Mr Abdul Basheer vs The Union Of India on 2 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:24848
WP No. 14075 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 14075 OF 2024 (GM-DRT)
BETWEEN:
1. MR ABDUL BASHEER
AGED ABOUT 56 YEARS,
S/O MR IBRAYI
RESIDING AT KANNOTH
VILLYAPPALLI, KOZHIKODE,
KERALA - 673 542.
2. MR ASHRAF MEETHALE PEEDIKAYIL
AGED ABOUT 60 YEARS,
S/O MR MOOSA,
RESIDING AT VELLORE,
KOTHANHERI PO,
PURAMERI VIA, KERALA
3. MRS SAREEFA
AGED ABOUT 55 YEARS,
W/O MR AMMATH,
RESIDING AT NO 66,
Digitally CHEROONIYAL, CHEKKIYAD,
signed by KERALA - 673 509.
Vandana S
Location: 4. MR FAISAL AMMED
HIGH COURT
OF AGED ABOUT 53 YEARS,
KARNATAKA S/O MR AMMED MOIDEEN,
RESIDING T MOIDEEN VANNATHAM KANDIYIL,
EDACHERI, KOZHIKODE,
KERALA - 673 542.
5. MR NIYAS T V K
AGED ABOUT 28 YEARS,
S/O MR MOITHUHAJI
RESIDING AT NO 4/267,
VADAKKEKKANDI, TUNERI EAST,
THUNERI PANCHAYATH - 673 504.
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WP No. 14075 of 2024
6. MR SUBAIR KUNIYIL
AGED ABOUT 51 YEARS,
S/O MR IBRAYIKUTTY,
RESIDING AT NO KUNIYIL HOUSE,
PALAYAD PATHIYARAKKARA PO,
KOZHIKODE DISTRICT,
KERALA - 673 105.
7. MRS SULAYYA ABDULLA P K
AGED ABOUT 54 YEARS,
W/O MR ABDULLA,
PERMANENT ADDRESS AT ERANHOLI HOUSE,
PO KOTENCHERI, VATAKARA TALUK,
KOZHIKODE DISTRICT,
KERALA - 673 503.
8. MRS AYISHA
AGED ABOUT 58 YEARS,
W/O MR ABDULLA HAJI
PERMANENT ADDRESS AT
PATINHARAYIL VILLA, NARIKKUNNU P O,
EDACHERI PANCHAYATH,
VATAKARA TALUK,
KOZHIKODE DISTRICT - 673 502.
KERALA
9. MRS MAIMOONA
AGED ABOUT 59 YEARS,
W/O MR AMMAD
RESIDING AT CHAVADAMUKKUKUNIYIL, PO
EDACHERI, VATAKARA TALUK,
KOZHIKODE DISTRICT
KERALA - 673 502.
10. MISS NAJILA P K AYISHA
AGED ABOUT 30 YEARS,
D/O MR MOIDU,
RESIDING AT C PUTHIYOTTUKUNIYIL,
ORKKATTERI, ERAMALA, KOZHIKODE DISTRICT,
KERALA - 673 501.
11. MS NAHALA P K
AGED ABOUT 21 YEARS,
D/O MR MOIDU AND MRS SHAHERBANU P K
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WP No. 14075 of 2024
RESIDING AT C PUTHIYOTTU KUNIYIL,
ORKKATTERI, ERAMALA,
KOZHIKODE DISTRICT,
KERALA - 673 501.
12. MISS NAFLA P K
AGED ABOUT 27 YEARS,
D/O MR. MOIDU
RESIDING AT C PUTHIYOTTUKUNIYIL
ORKKATTERI, ERMALA
KOZIHKODE DISTRICT,
KERALA - 673 501.
13. MR. NOUFAL
AGED ABOUT 47 YEARS,
S/O MR. ABDULALA
RESIDING AT NO. 206(249)
AMBLOOTAVIDA 1, NARIKKUNNU
EDACHERY PANCHAYATH KERALA
14. MR. KOROTH ASHRAF
AGED ABOUT 60 YEARS,
S/O MR. KOROTH ABDULLA
PERMANENT REISIDING AT KOROTH HOUSE,
P O THUNERI, VATAKARA TALUK,
P O THUNERI, VATAKARA TALUK,
KOZHIKODE DISTRICT, KERALA
15. MR. AMMED
AGED ABOUT 72 YEARS,
S/O MR. IBRAYIMUSLYAR,
RESIDING AT CHANDROTH HOUSE,
PURAMERI PO,
VATAKARA TALUK, KOZHIKODE DISTRICT
KERALA STATE - 673 503.
16. MRS. SAREENA R
AGED ABOUT 54 YEARS,
W/O MR. KUNHI SOOPU P K
RESIDING AT VELLIOTT
NOCHAD PO, KOYLLANDY TALUK
KOZHIKODI DISTRICT - 673 614.
17. MRS. AYSHA
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AGED ABOUT 43 YEARS,
W/O MR. YOONUS P K
RESIDING AT PUTHIYOTTUMKUNI
ORKKATTERI, ERAMALA
KOZHIKODI DISTRICT
KERALA - 673 501.
18. MR. USMAN T
AGED ABOUT 65 YEARS,
S/O MR. AMMAD
RESIDING AT THATTANTA
PARAMBATH HOUSE, PO
EDACHERI VATAKARA TALUK
KOZHIKODI DISTRICT KERALA - 673 502.
THE PETITIONER AT SL. NO. 1 TO 14 AND 16 TO 18 ARE
REPRESENTED BY THEIR,
COMMON POWER OF ATTORNEY HOLDER
THE PETITIONER NO.15 HEREIN
MR. AMMAD
AGED ABOUT 72 YEARS,
S/O MOOSA JASEELA MANZIL
CHAVADA MUKKU, KUNIYIL
EDACHARI,
PRESENTLY RESIDING AT NO. 206 (249)
AMBLOOTAVIDA NARIKKUNNU
EDACHERY PANCHAYATH
KERALA STATE - 673 503.
...PETITIONERS
(BY SRI. PRAVEEN KUMAR K N, ADVOCATE)
AND:
1. THE UNION OF INDIA
REPRESENTED BY ITS UNDER SECRETARY
TO GOVERNMENT OF INDIA
MINISTRY OF INVESTMENT DEPARTMENT OF
FINANCIAL SERVICES
FINANCE AND DEPARTMENT OF ECONOMIC AFFAIRS
BANKING DIVISION AND REPRESENTED HEREIN BY ITS
OFFICE OF THE RECOVERY OFFICER
DEBT RECOVERY TRIBUNAL BANGALORE (DRT-II)
BSNL BUILDING, 4TH FLOOR, TELEPHONE HOUSE,
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NC: 2024:KHC:24848
WP No. 14075 of 2024
RAJ BHAVAN RAOD, BANGALORE - 560 001.
2. KOTAK MAHINDRA BANK LTD.,
1ST FLOOR, CEEBROS ENCLAVE,
NO.-39, MONTIETH ROAD,
EGMORE,
CHENNAI 600008
REPRESENTED BY ITS VICE PRESIDENT
MR. RAMCHANDRA SRIKANT
3. M/S SELWEL EXCHANDE CHEM PVT LTD
A PVT LTD COMPANY REGISTERED UNDER
COMPANIES ACT
NO.-3/2, KHENY BUILDING 4TH FLOOR,
3/2, 1ST CROSS, GANDHINAGAR,
BENGALURU 56009
A PRIVATE LIMITED COMPANY REPRESENTED BY ITS
MANAGING DIRECTOR
4. B RAVINDRA REDDY
MAJOR , MANAGING DIRECTOR,
M/S SELWEL EXCELCHEM PVT LTD.,
NO-437, VI A CROSS, MAIN
RAJA MAHAL VILAS EXTENSION
BENGALURU - 560 080.
5. C T KAVERPPA
MAJOR, S/O SRI. C C THIMMAIAH
M/S SELWEL EXCELCHEM PVT LTD.,
NO-123/2 1ST FLOOR PUTTANNA LAYOUT,
HAL 3RD STAGE, THIPPASANDRA
BENGALURU - 560 072.
...RESPONDENTS
(BY SRI. AJAY PRABHU, ADVOCATE FOR R-1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER
PASSED BY THE RECOVERY OFFICER DRT II BANGALORE IN TRC NO
2065/2017 IN TA NO 45/2017 (OA NO 879/1999) ON OBJECTIONS FILED BY
PETITIONERS DATED 6-6-2022 AS PER DOCUMENT NO 3575/2022 , AND
THE ORDER DATED 10-04-2024, THE CERTIFIED COPY OF SAME IS
PRODUCED AT ANNEXURE A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 14075 of 2024
ORDER
This petition is directed against the impugned order dated 06.06.2022 passed by the Recovery Officer, Debts Recovery Tribunal - II (for short 'the DRT'), Bangalore, whereby the objections filed by the petitioners were over-ruled by the 1st respondent - Recovery officer.
2. Heard learned counsel for the petitioners and perused the material on record.
3. Though several contentions have been urged by the petitioners in support of their respective claims in the present petition, having regard to the availability of an efficacious alternative remedy by way of an appeal to be filed by the petitioners against the impugned order before the DRT as contemplated under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993 (for short ' the said Act of 1993'), without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioners to file an appeal under Section 30 of the said Act of 1993. If such an appeal is -7- NC: 2024:KHC:24848 WP No. 14075 of 2024 preferred within a period of six weeks from today, the petitioners would be entitled to the benefit of Section 14 of the Limitation Act.
4. Subject to the aforesaid directions and reserving liberty in favour of the petitioners, petition stands disposed of.
Registry is directed to return all the papers back to the petitioners forthwith without any delay.
Sd/-
JUDGE BMC List No.: 1 Sl No.: 53