Karnataka High Court
Kristal Quartz-2 Apartment Owners ... vs The Federal Bank Ltd on 19 August, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC:33148
WP No. 51630 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 51630 OF 2019 (GM-DRT)
BETWEEN:
KRISTAL QUARTZ-2 APARTMENT
OWNERS ASSOCIATION,
REGISTRATION NO.BK13913/19-20
SY NO.80, SITE NO W-18
YAMARE VILLAGE, SARJAPURA HOBLI
ANEKAL TALUK
BENGALURU DISTRICT-562 125
REPRESENTED BY ITS SECRETARY
BALAMURUGAN C R,
S/O K RAMANUJAM
AGED ABOUT 44 YEARS,
RESIDING AT NO.220 QUARTZ-2
KRISTAL, SITE NO.W-18
YAMARE VILLAGE, SARJAPURA ROAD,
BENGALURU-562 125.
...PETITIONER
(BY SRI. PRANAV DINESH BADAGI, ADVOCATE FOR
Digitally SRI. NAIK NITYANAND VENKATARAMAN.,ADVOCATES)
signed by
SUMA B N
AND:
Location:
High Court of
Karnataka 1. THE FEDERAL BANK LTD.,
A BANKING COMPANY, HAVING ITS
REGISTERED OFFICE AND HEAD OFFICE AT
FEDERAL TOWERS, ALUVA
KERALA -683 101
REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE BRANCH MANAGER
FEDERAL BANK
GANDHI NAGAR BRANCH
POST BOX NO.9981
NO.24, 2ND CROSS,
GANDHINAGAR
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NC: 2024:KHC:33148
WP No. 51630 of 2019
BENGALURU-560 009.
3. M/S KRISTAL PROJECT INDIA LTD.,
A PUBLIC LIMITED COMPANY
REGISTERED UNDER THE COMPANIES ACT, 1956
NO.2, 2ND A MAIN CHINNAMMA LANE
MADIWALA, BENGALURU-560 068
HAVING ITS ADMINISTRATIVE OFFICE AT
KRISTAL SAPPHIRE
NO.1, 4TH CROSS, 29TH MAIN
BTM II STAGE, BENGALURU-560 076
REPRESENTED BY ITS DIRECTOR
K K NAMBOODIRI.
4. MR. K K NAMBOODIRI
S/O DR K G L NAMBOODIRI
AGED MAJOR
RESIDING AT NO.1, 29TH MAIN
4TH CROSS, BTM II STAGE
BENGALURU-560 076.
5. SMT LATHA K. NABOODIRI
W/O K K NAMBOODIRI
DIRECTOR
SRI KRISTAL PROJECTS INDIA LTD
RESIDING AT NO.1, 29TH MAIN
4TH CROSS, BTM II STAGE
BENGALURU-560 076.
6. THE RECOVERY OFFICER-1
DRT-1 BENGALURU
NO.4, 2ND FLOOR, LIC JEEVAN MANGAL
BUILDING RESIDENCY ROAD
BENGALURU-560 025.
...RESPONDENTS
(BY SRI.B.S. JEEVAN KUMAR., ADVOCATE FOR R1 AND R2;
SMT. ANUPAMA HEGDE, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 and 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE AND QUASH
THE ORDER DATED 24.02.2018 PASSED BY THE DEBT RECOVERY
TRIBUNAL-1, KARNATAKA AT BENGALURU IN NO.A.NO.777/2017
VIDE ANNEXURE-F AS NONEST IN LAW AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:33148
WP No. 51630 of 2019
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner is before this Court seeking following reliefs;
"(i) Issue Writ, Order or Direction in the nature of certiorari declaring & quashing the Order dated 24.02.2018 passed by the Debt Recovery Tribunal-
1, Karnataka at Bengaluru in OA No: 777/2017 vide Annexure-F, as nonest in Law;
(ii) Issue Writ, Order or Direction in the nature of certiorari quashing the Notice bearing No: RC No:
13805 dated 10.10.2019 signed and issued by 6th Respondent vide Annexure-D;
(iii) Issue Writ, Order or Direction in the nature of mandamus directing the 1st and 2nd Respondent to issue No Objection and discharge by handing over the original documents to the Petitioner Society;
(iv) To pass such other orders or directions as this Hon'ble Court deems fit in the facts and circumstances of the case including an order as to the cost of this Writ Petition, in the interest of justice and equity".
2. Counsel for the petitioner submits that subsequent to filing of the writ petition representations were made before the Recovery Officer who after applying his mind has directed the actions to be taken in respect of the other properties of the original borrowers and the petitioner is pursuing the same. -4-
NC: 2024:KHC:33148 WP No. 51630 of 2019
3. Counsel for the petitioner therefore submits that the petitioner be reserved with liberty to seek remedy by filing an appeal as provided under the Act, besides pursuing the matter before the Recovery Officer in respect of the application/representation already filed by them.
4. Submission is taken on record.
5. The Recovery Officer shall pass appropriate orders on the application filed by the petitioner in accordance with law within an outer limit of twelve (12) weeks from the date of receipt of certified copy of this order.
6. All contentions of the petitioner are kept open to be urged before the Recovery Officer and in the appeal, as the case may be.
7. Writ petition is disposed of accordingly.
Sd/-
(M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 8