High Court Bench referred to a co-ordinate Bench order dismissing a similar writ petition for lack of maintainability as it lay before DRAT, thus returning the petitioners to approach the appellate tribunal.
Petitioners directed to approach DRAT; consequential interim application disposed of.
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.
WP No. 21763 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 21763 OF 2019 (GM-DRT)
BETWEEN:
WP No. 21763 of 2019
CARE OF ADDRESS NO.1, HIRDEHAL, D.HIREHAL MANDALAM, ANANTHAPURAM DISTRICT AP – 515 872.
…PETITIONERS
(BY SRI. M.MOHAMED IBRAHIM., ADVOCATE)
AND:
(BY SRI. T.P.MUTHANNA., ADVOCATE FOR R1; R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.04.2019 PASSED IN IR NO.751/2019 IN OA NO.155/2018 BY THE HON'BLE PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL-I KARNATAKA AT BENGALURU AND CONSEQUENTLY, DIRECT THE DEBT RECOVERY TRIBUNAL TO ALLOW ANNEXURE-A IR NO.751/2019 IN OA NO.155/2018 AND DISPOSE OFF THE SAME IN ACCORDANCE WITH LAW.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 21763 of 2019
ORDER
Learned counsel for petitioners, in all fairness, would
contend that in the connected case the co-ordinate Bench of
this Court has passed an order directing the petitioners to approach the Debit Recovery Appellate Tribunal, as the writ petition would not be maintainable.
Court in Writ Petition No.21777 of 2019 disposed on
27.01.2021 reads as follows:
“Petitioner has challenged the order dated 30.04.2019 passed on interlocutory application for condoning the delay in filing miscellaneous application to set-aside the ex parte order passed in O.A.No.92/2018, dismissed by the Debts Recovery Tribunal-I.
2. The impugned order is appelable before DRAT. Hence, Writ Petition is not maintainable and it is accordingly dismissed.
3. In view of dismissal of this petition, I.A.No.1/2019 does not survive for consideration and the same is disposed of.
No costs.”
WP No. 21763 of 2019
Bench of this Court, the petitioners are at liberty to approach
the Debit Recovery Appellate Tribunal, in accordance with law.
Consequently, I.A.No.1/2021 stands disposed.
Sd/JUDGE
BKP
List No.: 1 Sl No.: 45
1 issue framed by the court
Whether the writ petition challenging the DRAT-interlocutory order is maintainable in light of the co-ordinate Bench's earlier dismissal.
Colour shows how this judgement treated each authority
Writ Petition No. 21777 of 2019Referred¶30
Writ Petition No. 21777 of 2019
Sri. T. Sreemanarayana S/o T. Ammeswar Rao
M/s Sai Balaji Cold Storage India Pvt. Ltd.
M/s Pragathi Krishna Gramina Bank
Sri. K.C.Muralidhara S/o K.M. Chandramouli
M.Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
