Karnataka High Court
Mr Shamsudheen K V vs The Union Of India on 11 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 14048 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 14048 OF 2024 (GM-DRT)
BETWEEN:
1. MR. SHAMSUDHEEN K.V.,
AGED ABOUT 53 YEARS,
S/O MR.ABDULLA
R/AT KIZHAKKE VETTIL,
CHAMPAD PO, KANNUR DISTRICT,
KERALA - 670 694.
2. MR. MUSHTAFA A.K.,
AGED ABOUT 61 YEARS,
S/O MR. KUNJIMOOSA HAJI,
R/AT NO.7/46, AL THAF, CHOKLI, P.O,
KANNUR DISTRICT, KERALA - 670 672.
3. MR. SHAMSU THAZHE PUDIYA VEETTIL,
AGED ABOUT 41 YEARS,
S/O MR. MOHAMMED ABOOBAKER,
Digitally signed
by V KRISHNA R/AT MISFALA THAZHEPUDIYA
Location: HIGH VEETTIL, P.O. MEKKUNU,
COURT OF PERINGATHUR VIA, KANNUR DISTRICT,
KARNATAKA
KERALA - 670 675.
4. MR. ABDU RAHIMAN,
AGED ABOUT 44 YEARS,
S/O MR. AMMAD, R/AT CHERUVAYIL,
ERAMALA P.O., ORKKATTERIVIA,
VADAKARA, KOZHIKODE DISTRICT,
KERALA - 673 501.
5. MR. MOOSA HAJI P.,
AGED ABOUT 71 YEARS,
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WP No. 14048 of 2024
S/O MR.KUNJAMMAD,
RESIDING AT NO.242A (352),
PUTHIYADATHIL, KARTHIKAPPALLI P.O.,
VILLIAPPALI VIA, VADAKARA,
KOZHIKODE DISTRICT,
KERALA - 673 542.
6. MRS. SABIRA K, AGED ABOUT 52 YEARS,
W/O MODIEEN, RESIDING AT NO.5/442,
KAYANADATH, ADIYOOR,
ERAMALA P.O., ORKKATTERI VIA,
VADAKARA, KOZHIKODE DISTRICT,
KERALA - 673 501.
7. MRS. SAFOORA, AGED ABOUT 33 YEARS,
W/O ABDUL JAMAL,
RESIDING AT NO.506 (281),
KIZHAKKEMUKKATT (JAMAL MANZIL),
NO.10, VELLIKULANGARA,
ORKKATTERI PO, VADAKARA VIA,
ONCHIYAM PANCHAYATH,
KOZHIKODE DISTRICT, KERALA - 673 501.
8. MRS. SAREENA,
AGED ABOUT 44 YEARS,
W/O ISMAYIL, RESIDING AT NO.442,
KAYANADATH, NO.5, ERAMALA P.O.,
ORKKATTERI VIA VADAKARA,
KOZHIKODE DISTRICT,
KERALA - 673 501.
9. MR. ABID C.A., AGED ABOUT 42 YEARS,
S/O IBRAYI, R/AT HOUSE NO.195 (207),
CHANGAROTH 10,
MEMUNDE (P.O), VADAKARA VIA,
VILYAPPALLIPANCHAYATH,
KOZHIKODE DISTRICT,
KERALA - 673 104.
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WP No. 14048 of 2024
THE PETITIONERS 1 TO 9 ARE
REPRESENTED BY THEIR
COMMON POWER OF ATTORNEY HOLDER,
MR. ISMAIL, AGED ABOUT 57 YEARS,
S/O MR. PAKRAN HAJI,
R/AT KAYANADUTH, ERAMALA, KOZHIKODE,
KERALA - 673 501.
...PETITIONERS
(BY SRI. PRAVEEN KUMAR K N., ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. 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, RAJ-BHAVAN ROAD,
BANGALORE - 560 001.
2. KOTAK MAHINDRA BANK LTD.,
1st FLOOR, CEEBROS ENCLAVE,
NO.39, MONTIETH ROAD,
EGMORE, CHENNAI - 600 008.
REPRESENTED BY ITS VICE PRESIDENT
MR. RAMACHANDRA SRIKANT.
3. M/S. SELWEL EXCHANGE CHEM PVT. LTD.,
NO.3/2, KHENY BUILDING, 4th FLOOR,
3/2, 1st CROSS, GANDHINAGAR,
BENGALURU - 560 009.
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A PRIVATE LIMITED COMPANY
REP. BY ITS MANAGING DIRECTOR.
4. B. RAVINDRA REDDY,
MAJOR, FATHER NAME NOT KNOWN,
MANAGING DIRECTOR,
M/S SELWEL EXCELCHEM PVT. LTD.,
NO.- 437, VI A CROSS MAIN,
RAJA MAHAL VILAS EXTENSION,
BENGALURU - 560 080.
5. C.T.KAVERAPPA,
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
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 1.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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ORDER
This petition is directed against the impugned order dated 10.04.2024 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 claim 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 preferred within a period of six weeks from today, the -6- NC: 2024:KHC:20356 WP No. 14048 of 2024 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 SMJ List No.: 1 Sl No.: 25