This writ petition challenging an interim DRAT order (AIR-123/2022) was dismissed as infructuous because the appeal before the DRAT had already been rejected on merits.
Petition dismissed as infructuous; no relief granted.
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. 19458 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION NO. 19458 OF 2022 (GM-DRT)
BETWEEN:
W/O SRI RAVI BABU AGED 57 YEARS R/T G 1306 MANTRI TRANQUIL GUBBALAL KANAKAPURA ROAD BANGALORE 560061
Digitally signed by D K BHASKAR Location: HIGH COURT OF KARNATAKA
(BY SRI VENKATESH ARABATTI, ADVOCATE)
AND:
…PETITIONERS
WP No. 19458 of 2022
OPP TO BRIGADE MILLENIUM BNGALORE 560078 REPRESENTED BY ITS AUTHORIZED OFFICER.
FATHER'S NAME NOT KNOWN TO PETITIONERS NIDAGHATTA, MANDYA KARNATAKA - 571 433
…RESPONDENTS
(BY SHRI MARUTHI G B., ADVOCATE FOR R1; SHRI PAARAS PANDEY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH BY A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, OR ORDER OR DIRECTION IN THE NATURE OF A WRIT, ORDER DATED 08.09.2022 ON I.A.No.202/2022 IN AIR-123/2022 PASSED BY THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI, PER ANNEXURE-A; PERMIT THE PETITIONERS TO PROSECUTE THE APPEAL IN A.I.R. No-123/2022 ON MERITS BY DEPOSITING DEPOSIT 25 PERCENT OF THE AMOUNT AS DETERMINED BY THE HON'BLE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI PER ANNEXURE-A AND AWARD THE COST OF THIS WRIT PETITION AND ETC.,
THIS WRIT PETITION, COMING ON FOR 'HEARING & DISPOSAL', THIS DAY, K.SOMASHEKAR.J., MADE THE FOLLOWING:
ORDER
Shri.K.S.Harish, learned counsel is on record for the
petitioners being represented by Shri.Kumar.H.D., leanred
counsel along with Shri.Venkatesh S.Arabatti, learned counsel.
WP No. 19458 of 2022
Shri.Maruthi.G.B., learned counsel appearing for Respondent No.1 as well as Shri.Paaras Pandey, learned counsel appearing for Respondent No.2 are also present before the Court.
The office has raised an objection on I.A.No.1 of 2023 seeking for amendment of Writ Petition.
WP No. 19458 of 2022
deposit 50% of the notice amount less Rs.20 Lakhs, i.e., Rs.1,07,25,747/-, which comes to Rs.53,62,873/- and the said statutory amount has to be deposited within fifteen days from the date of order, i.e., on or before 22.09.2022, failing to deposit the said amount on or before 22.09.2022, the appeal shall stand automatically rejected. It is further submitted by the learned counsel for Respondent No.1 that the petitioners herein have not complied with the said interim order dated 08.09.2022, i.e., deposit required under SARFAESI Act, 2022 and accordingly, the Writ Petition has become infructuous and the same does not survive for consideration and sought for dismissal of the writ petition. A Xerox copy of the order dated 23.09.2022 passed by the DRAT, Chennai in AIR (SA) 123/2022 is produced along with the memo for the purpose of reference.
WP No. 19458 of 2022
before the Debt Recovery Appellate Tribunal, Chennai had already been disposed of by rejection of the appeal by the DRAT.
WP No. 19458 of 2022
been decided by the DRAT on merits. Consequently, the -it
Petition is dismissed as having become infructuous.
Sd/JUDGE
Sd/JUDGE
DH
2 issues framed by the court
Whether this Court can entertain an application for amendment when the underlying appeal before the DRAT has already been disposed of by rejection.
Whether the writ petition challenging an interim order of the DRAT remains maintainable when the main appeal is dismissed.
2 provisions across 2 enactments
MRS PUSHPA RAVINDRA
AKSHAY SHASHANK RAVINDRA
KRUHINA SETTY SOURDHA CREDIT CO-OPERATIVE LIMITED
SHRIVARDHAN S
K.SOMASHEKAR
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
