Dismissed

Ms Raju Enterprises v. Sir M Visvesvaraya Co. Operative Bank Ltd.

DRAT20 Feb 2025TRANSFER PETITION/3/2024

Case brief

AI extract

What is this about?

This tribunal dismissed a Transfer Petition filed by M/s. Raju Enterprises seeking transfer of a Section 18 (1) SARFAESI case from DRT-II to DRT-I Bengaluru. The court held that the remedy is to challenge the interim jurisdictional order directly under SARFAESI, not via a Transfer Petition under the RDB Act.

What did the court decide?

Transfer Petition T.P:3/2024 dismissed as not maintainable. No costs awarded.

Ms Raju Enterprises versus Sir M Visvesvaraya Co. Operative… — Banking and Recovery | DRAT (2025)

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the, 20^th of February, 2025

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PRESENT: Hon’ble Mr. Justice G. Chandrasekharan CHAIRPERSON

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T.P:3/2024

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[SA 265/2022 on the file of DRT-I Bengaluru]

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Between

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1. M/s. Raju Enterprises

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No.10/B, Tamaka Industrial Area, Bethamangala Road,

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KOLAR – 563 101

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-Represented by its Proprietor

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Sri S. N. Raju

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1. Sri S. N. Raju, S/o Somappa, Aged 55 years,

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1. Smt. Sujathamma, Aged 46 yrs, W/o Sri S. N. Raju

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1. Miss. Ramya H.R, aged 21 yrs,

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D/o Sri S. N. Raju,

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1. Mr. Rakesh Raj .H.R, Aged 25 yrs, S/o Sri S. N. Raju

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All are residing at:

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No.12, 7^th Cross, Jayanagar, Tekal Road, Kolar-563 101

…Applicants

And

The Authorised Officer M/s. Sir M.Visveshsarayya Co-operative Bank Ltd., Prahanthnagar,Nagarabhavi Main Road, CHBS Layout Amarjyothinagar, Vijayanagara Bangalore – 560040.

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The Chief Executive Officer M/s.SirM.Visveshwarayya Co-operative Bank Ltd., H.No.109, Corporate Office, 2^nd Floor, Shankarmutt Road, Shankarapuram, Bangalore-560 004

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Sri C.S.Narayanaswamy (Auction Purchaser) S/o Sri Sonnappa,Major Chadamanahalli Village Kembodi Post, Kolar Tq Kolar Dist.

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….. Respondents

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Counsel for Appellants : Mr. M. A. Rajendra Counsel for Respondents 1& 2 : Mr. T. S. Rajeev Gandhi

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ORDER

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This Transfer Petition is filed seeking transfer of SA No.265/2022, which was transferred to DRT-II, Bengaluru, by the Order dated 14.06.2022, to be tried on the file of DRTI, Bengaluru.

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It is the submission of Learned Counsel for Petitioner that the Petitioner availed loan from Vijayanagar Branch, which comes under the jurisdiction of DRT-I, Bengaluru, therefore, SA was filed before DRT-I, Bengaluru. It is further submitted by Learned Counsel for the Petitioner that Learned Presiding Officer relying on a Notification, (which is not produced before this Tribunal) ordered that only DRT-II, Bengaluru, has the jurisdiction, on the basis of lie of secured asset. Challenging this order, the Transfer Petition is filed.

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Learned Counsel for Respondent No.1 and 2 Bank opposed the Application on the ground that the remedy available to the Petitioner is to challenge the impugned order

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dated 14.06.2022 passed by DRT-I, Bengaluru invoking Section 18 (1) of SARFAESI Act, 2002, but not by filing a Transfer Petition invoking Section 17(A) (2) of RDB Act, 1993.

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This Tribunal concurs with the submission of Learned Counsel for Respondent Nos. 1 and 2 Bank. The Petitioner cannot file a Transfer Petition but can only challenge the order passed by Learned Presiding Officer. Therefore, Transfer Petition in T.P:3/2024 is dismissed as not maintainable. No costs.

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[Dictated to Athistamani, PS, in open court, transcribed by her, corrected and signed by me, this 20^th of February, 2025]

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[ Justice G. Chandrasekharan]

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Ms Raju Enterprises v. Sir M Visvesvaraya Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Ms Raju Enterprises v. Sir M Visvesvaraya Co. Operative Bank Ltd.

Case brief

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