Karnataka High Court
Mr Pilavullathil Rasiya vs The Union Of India on 10 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:20255
WP No. 15022 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 15022 OF 2024 (GM-DRT)
BETWEEN:
1. MR PILAVULLATHIL RASIYA
AGED ABOUT 44 YEARS,
D/O. MR. PAKKARAMAR,
W/O MR. KUNHAVULLA,
RESIDING AT EDAVANACHAL HOUSE,
PO. THETTAMALA 670731,
KANJIRANGAD DESOM,
WAYANAD DISTRICT.
2. MRS. SAJITHA AZEEZ,
AGED ABOUT 41 YEARS
D/O. MR. YOUSAF,
RESIDING AT KOOTELINTAVITA,
PO. ELANGODE 670692,
PANUR AMSOM ELANGODE DESOM,
KANNUR DISTRICT,
KERALA STATE.
Digitally signed 3. MR. RAOUF THUNDIYIL
by LEELAVATHI AGED ABOUT 46 YEARS,
SR S/O MR. KUNHIMOOSA THUNDIYIL,
Location: HIGH RESIDING AT THUNDIYIL, PO.
COURT OF
KARNATAKA PUTHUR 670692,
PUTHUR AMSOM AND DESOM,
THALASSERY TALUK,KANNUR DISTRICT,
KERALA STATE.
4. MISS. THUNDIYIL SHAHINA,
AGED ABOUT 33 YEARS,
RESIDING AT THUNDIYIL HOUSE, PO.
PUTHUR 670692,
D/O MR. BALIYIL YOOSAF,
PUTHUR AMEAN AND DESOM,
THALASSERY TALUK, KANNUR DISTRICT,
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5. MR. BALIL MAHAMOOD,
AGED ABOUT 31 YEARS,
S/O MR. BALIYIL YOOSAF,
RESIDING AT BALLYLL HOUSE,
PO. ELANGODE 670692,
PANUR AMSOM ELANGODE DESOM,
THALASSERY TALUK,
KANNUR DISTRICT, KERALA STATE.
6. MISS BALIYIL FATHIMA
AGED ABOUT 25 YEARS,
D/O MR. BALIYIL YOOSAF,
RESIDING AT BALIYIL HOUSE, PO.
ELANGODE 670692,
PANUR AMSOM ELANGODE DESOM,
THALASSERY TALUK, KANNUR DISTRICT,
KERALA STATE.
7. MR. BALIYIL ASLAM,
AGED ABOUT 28 YEARS,
S/O MR. BALIYIL YOOSAF,
RESIDING AT BALIYIL HOUSE,
PO. ELANGODE 670692,
PANUR AMSOM ELANGODE DESOM,
THALASSERY TALUK, KANNUR DISTRICT,
KERALA.
8. MRS. THUNDIYIL SUBAIDA,
AGED ABOUT 61 YEARS,
W/O. MR. YOOSUF,
RESIDING AT BALIYIL HOUSE,
PO. ELANGODE 670692,
PANUR AMSOM ELANGODE DESOM,
THALASSERY TALUK,
KANNUR DISTRICT, KERALA STATE.
9. MR. MUHAMMAD ASHIK,
AGED ABOUT 29 YEARS,
S/O MR. KUNHI MOOSSA,
RESIDING AT PAREMMAL HOUSE,
PO. PUTHUR 670692,
PUTHUR AMSOM AND DESOM,
THALASSERY TALUK, KANNUR DISTRICT,
KERALA STATE
10. MR.SAFEER.N,
AGED ABOUT 34 YEARS,
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S/O. MR. YOUSAF CHENDAYAD PEEDIKAYIL,
RESIDING AT HOUSE NO. 301,
NELLERI CHENDAYAD PO,
PANOOR VIA, KANNUR DISTRICT,
KERALA -670692,
THE OBJECTORS 1 TO 6 AND 8 TO 10 ARE
REPRESENTED BY THEIR
COMMON POWER OF ATTORNEY HOLDER
AND THE OBJECTOR NO-7 HEREIN
MR. BALIYIL ASLAM,
AGED ABOUT 28 YEARS,
S/O MR. BALIYIL YOOSAF,
RESIDING AT BALIYIL HOUSE,
PO. ELANGODE 670692,
PANUR DISTRICT, KERALA
...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
RAJ-BHAVAN ROAD,
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. 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
REPRESENTED 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. CT 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
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUION OF INDIA PRAYING TO PASS AN ORDER IN THE NATURE
OF WRIT OF CERTIORARI AND 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
PETITIONRS DATED 6-6-2022 AS PER DOCUMENT NO.3576/2022, AND
THE ORDER DATED 10.4.2024, 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:20255 WP No. 15022 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 Srl.