High Court dismissed the writ petition seeking to quash a DRT order imposing a payment condition for challenging a statutory notice, noting the petitioner's non-appearance and agreeing with the respondent's submission.
No relief granted; petition dismissed and costs awarded.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.2044 OF 2021 (GM-DRT)
BETWEEN:
THIPPAMMA EDUCATION TRUST (R), REPRESENTED BY ITS TRUSTEES SHRI A SURESHA, S/O LATE THIPPESWAMY, AGED 54 YEARS, RESIDING AT NO.1428/A, SRINIVASA NAGAR LAYOUT, HOOVINAHOLE POST, HIRIYUR TALUK HIRIYUR - 577 598. CHITRADURGA DISTRICT.
…PETITIONER
(BY SRI. T.M.VIJAYAKUMAR, ADVOCATE)
AND:
THE AUTHORIZED OFFICER SRI M.VISVESVARAYA CO OPERATIVE BANK LTD., NO.109, CORPORATE OFFICE, SHANKARPURAM, BANGALORE - 560 004.
…RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HONBLE DEBTS RECOVERY TRIBUNAL I AT BANGALORE IN S.A.NO.5/2021 VIDE ANNEXURE-K DATED 06.01.2021 IN SO FAR AS IMPOSING CONDITION TO MAKE PAYMENT OF RS.60,00,000/- (RUPEES SIXTY LAKHS ONLY) IS FILING THIS WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioner Education Trust is knocking at the doors of writ Court for assailing the DRT order dated 06.01.2021 at Annexure-K in SA No.5/2021, a copy whereof is at AnnexureK whereby a condition has been incorporated for the payment of Rs.60,00,000/-(Rupees Sixty Lakh) only for maintaining the challenge to the Section 13(4) notice issued u/s 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
and both petitioner and his counsel did not turn up; therefore, this matter was directed to be posted vide order dated 05.01.2022 specifically asking the Registry to state "for
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possible dismissal"; accordingly, Cause List mentions the same; despite that neither the petitioner nor his counsel is here this day too. This court is broadly in agreement with the submission made on behalf of the respondent-Bank and therefore, is of the considered opinion that no relief can be granted to the petitioner.
In the above circumstances, petition being devoid of
merits, is liable to be dismissed and accordingly, it is, costs
having been made easy.
Sd/JUDGE
DS/JY
1 issue framed by the court
Whether the writ petition challenging the condition imposed in the DRT order should be allowed.
1 provisions across 1 enactments
THIPPAMMA EDUCATION TRUST (R)
AUTHORIZED OFFICER SRI M.VISVESVARAYA CO OPERATIVE BANK LTD.
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
