This writ petition sought directed certified copies of documents not furnished in a Debt Recovery Tribunal application. The court disposed the petition by ordering copies of originals produced to be provided upon payment of fees.
Order for certified copies of original documents produced in the application on payment of requisite fee.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18813 OF 2023 (GM-RES)
BETWEEN:
SANDHYA U PRABHU ADVOCATE AGED ABOUT 41 YEARS, WORKING AT TG-9, 3RD FLOOR, BUSINESS POINT, 137, BRIGADE ROAD, BANGALORE-560025.
…PETITIONER
(BY SRI. LEKHA. G. D., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
REGISTRAR DEBT RECOVERY TRIBUNAL-II BANGALORE, SNL BUILDING, TELEPHONE HOUSE, 4TH FLOOR, RAJ BHAVAN ROAD, BENGALURU-560001. …RESPONDENT (BY SRI. SHIVAKUMAR, ADVOCATE FOR SMT. KAVYASHREE G.S., ADV.) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT TO PROVIDE THE CERTIFIED COPIES OF THE ORIGINAL DOCUMENTS AVAILABLE IN THE FILE OF S.A.NO.08/2018 PRODUCED BY THE RESPONDENT (RESPONDENT IN SA NO.08/2018) VIDE MEMO DTD 09.03.2018 CONTAINING DOCUMENTS FROM SL.NO.1 TO 16 AND ETC.
NC: 2023:KHC:43172 WP No. 18813 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court on 06.11.2023 had passed the following order:
" ORDER
Issue emergent notice to the respondent.
The learned counsel appearing for the petitioner shall serve on any panel counsel appearing for the respondent apart form taking out steps to serve the respondent.
The petitioner is before this Court in a strange circumstance. An application is filed before the DRT for furnishing of certified copies of certain documents in a proceeding in which the petitioner is a party. The same is not furnished, despite repeated request.
The learned counsel appearing for the respondent shall therefore, explain as to why those applications have not met its consideration, even as on today, by the next date of hearing.
List this matter on 29.11.2023."
takes this Court through the memo to submit that Sl.Nos.1 to 5
are the originals that are produced along with S.A.No.8/2018 and documents 7 to 14 and 16 are originals that are produced.
certified copies to the petitioner. The objection is tenable, as the photocopies that are produced cannot be certified as the copies of the originals but insofar as Sl.Nos.1 to 5 documents 7 to 14 and 16 are concerned the submission is that they are originals appended to the application. Therefore, only those documents, original of which are produced before the Debt Recovery Tribunal shall be furnished to the petitioner in terms of the application so made.
With the aforesaid observations, the petition stands disposed.
Sd/JUDGE
KG
List No.: 1 Sl No.: 8
1 issue framed by the court
Whether the respondent is directed to provide certified copies of original documents available in file of S.A. No. 08/2018.
1 provisions across 1 enactments
SANDHYA U PRABHU
REGISTRAR DEBT RECOVERY TRIBUNAL-II BANGALORE
M. Nagarupana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
