Karnataka High Court
The Authorised Officer vs The Registrar on 8 February, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 2264 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 2264 OF 2023 (GM-DRT)
BETWEEN:
THE AUTHORISED OFFICER
OMKARA ASSETS RECONSTRUCTION PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT NO.9,
TIRUPUR-641607, TAMIL NADU.
ALSO HAVING ONE OF THE CORPORATE OFFICE AT:
Digitally signed C-515, KANAKIA ZILLION,
by PADMAVATHI
BK JUNCTION OF LBS ROAD, AND CST ROAD,
Location: HIGH KURLA WEST, MUMBAI-400070.
COURT OF REPRESENTED BY ITS AUTHORISED OFFICER,
KARNATAKA
MR ABHISHEK SHELAR
...PETITIONER
(BY SRI. NATASHA .N. MURTHY.,ADVOCATE)
AND:
1. THE REGISTRAR
DEBTS RECOVERY TRIBUNAL-I, BANGALORE, 4,
HAYES ROAD, SHANTHALA NAGAR,
RICHMOND TOWN, BANGALORE,
KARNATAKA-560025.
2. M/S. GML INFRACON
NH-66, OPP. CANARA BANK,
MANGALORE-574146.
REPRESENTED BY ITS MANAGING PARTNER,
MOHAAN R. KOTIAAN
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WP No. 2264 of 2023
3. MR. MOHAAN RAMA KOTIAAN,
S/O. RAMA KOTIAAN,
AGED ABOUT 67 YEARS,
B-04, VALENCIA,
HEERA NANDI GARDEN,
CENTRAL AVENUE ROAD,
POWAI, MUMBAI-400076.
4. THE AUTHORISED OFFICER,
BHARATH CO-OPERATIVE BANK LTD.
REGISTERED OFFICE AT MOHAN TERRACE,
64/72, MODI STREET, FORT,
MUMBAI-400001.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, 1951 PRAYS THAT THIS HON'BLE
COURT MAY BE PLEASED TO ISSUE A WRIT OF MANDAMUS
DIRECTING THE HON'BLE DEBTS RECOVERY TRIBUNAL-I,
BANGALORE TO DISPOSE S.A NO.299/2022 RESERVED FOR
OREDERS ON 17/06/2022, EXPEDITIOUSLY BY PASSING
APPROPRIATE ORDERS-ANNEXURE A & B.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following prayer:
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a) Issue a Writ of mandamus directing the Hon'ble Debts Recovery Tribunal-I, Bangalore to dispose S.A.No. 299/2022 reserved for orders on 17/06/2022, expeditiously by passing appropriate orders - Annexure A & B.
b) Pass any such further orders as may be deemed just and expedient in the facts and circumstances of the present case in the interest of justice and equity.
2. The Respondent Nos.2 and 3 are borrowers of finance from the first petitioner and have instituted certain proceedings before the Debt Recovery Tribunal (for short, DRT) calling in question the order passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the Deputy Commissioner. The issue is not with regard to the merits of the matter. What drives the petitioner to this Court in the subject petition is that the matter was reserved for its orders on 17.06.2022 before the DRT, upon hearing the parties to the lis and has not pronounced the judgment despite passage of close to nine months. -4- WP No. 2264 of 2023
3. Therefore, in the light of the matter being reserved nine months ago, the DRT shall endeavor to pronounce its judgment, as expeditiously as possible at any rate within Eight weeks from the date of receipt of copy of the order.
The petition stands accordingly disposed of.
Sd/-
JUDGE DH