In this writ petition under Article 226, the High Court of Karnataka disposed of the matter after noting that the underlying securitization appeal was already posted for consideration. The Court requested the DRT to dispose of the appeal.
Direction to the DRT-I to hear and dispose of the petitioner's securitization appeal posted on 10.01.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.22917 OF 2021(GM-DRT)
BETWEEN:
SRI. RAMESH G, S/O GOPAL AGED ABOUT 37 YEARS, RESIDING AT NO.U-38, 2ND FLOOR, 6TH MAIN ROAD, RGI COLONY SRIRAMPURA, BANGALORE – 560 021.
...PETITIONER
(BY SRI. SHIVARAJ N ARALI, ADVOCATE)
AND:
BOTH RESIDING AT U-38, 2ND FLOOR, 6TH MAIN RAOD, RGI COLONY, SRIRAMPURA, BANGALORE – 560 021.
… RESPONDENTS
(BY SRI. K RAMA BHAT, ADVOCATE FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE DEBT RECOVERY TRIBUNAL-I, BENGALURU TO HEAR AND DISPOSE OF THE SECURITIZATION APPEAL FILED BY THE PETITIONER UNDER SECTION 17(!) R/W 17(4)(A) OF SARFAESI ACT 2002 BEARING DIARY NO.589/2021 ON MERITS WITHIN THREE MONTHS AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Regardless of the prayers made in the writ petition, learned counsel appearing for the petitioner vociferously submits that if a direction is issued to the DRT-I, Bengaluru to hear & dispose off his Securitization Appeal, his client would be satisfied.
2. Learned counsel appearing for the respondent-
Bank submits that already the subject appeal is posted for consideration on 10.01.2022 and that he would not seek any adjournment in the matter, that day. This is fair enough.
In the above circumstances, this writ petition is disposed off; the DRT – I, Bengaluru, is requested to hear
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& dispose off the subject appeal preferably on the same
day, costs having been made easy.
All contentions are kept open.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the writ petition should be disposed of by directing the Debt Recovery Tribunal to hear the underlying appeal on merits.
2 provisions across 2 enactments
SRI. RAMESH G
THE DEBT RECOVERY TRIBUNAL-I
THE AUTHORISED OFFICER, M/S MAHILA CO-OPERATIVE BANK LTD.
SRI. MOHAN RAJU K B
SMT. RENUKA
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
