Dismissed

M/S Triton Motors v. the Authorised Officer

Karnataka HC20 Feb 2024WA/855/2023

Case brief

AI extract

What is this about?

The Division Bench dismissed a Writ Appeal challenging orders passed by the Single Judge rejecting Writ Petitions filed against DRT orders. The court held that the settled remedy against DRT orders under Section 19 of the RDB Act is an appeal under Section 20 before the DRAT.

What did the court decide?

Writ Appeal dismissed; pending interlocutory applications disposed of. No costs.

M/S Triton Motors Vs the Authorised Officer — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:7144-DB WA No. 855 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2024

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PRESENT

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THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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WRIT APPEAL NO. 855 OF 2023 (GM-DRT)

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BETWEEN:

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(IN W.P. No.21676/2022)

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M/S. TRITON MOTORS REPRESENTED BY ITS PROPRIETOR MR. V. BHASKAR

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OFFICE AT NO.2, OPP. VETERINARY COLLEGE LAKSHMAIAH BLOCK GANGANAGAR NORTH BANGALORE-560 024

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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SRI. V. BHASKAR S/O LATE SRI. N. VEERASWAMY AGED ABOUT 52 YEARS

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SMT. SREELATHA B.C W/O SRI. V. BHASKAR AGED ABOUT 45 YEARS

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BOTH AE RESIDING AT NO.48, MTB ROAD (MAVALLI TANK BUND ROAD) KALASIPALYA CENTRAL RANGE BANGALORE-02

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(IN W.P. No.11808/2021)

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M/S. TRITON MOTORS REPRESENTED BY ITS PROPRIETOR MR. V. BHASKAR

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NC: 2024:KHC:7144-DB WA No. 855 of 2023

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OFFICE AT NO.2, OPP. VETERINARY COLLEGE LAKSHMAIAH BLOCK GANGANAGAR NORTH BANGALORE-560 024

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SRI. V. BHASKAR S/O LATE SRI. N. VEERASWAMY AGED ABOUT 52 YEARS

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SMT. SREELATHA B.C W/O SRI. V. BHASKAR AGED ABOUT 45 YEARS

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BOTH AE RESIDING AT NO.48, MTB ROAD (MAVALLI TANK BUND ROAD) KALASIPALYA CENTRAL RANGE BANGALORE-02

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(IN W.P. No.11811/2021)

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M/S. TRITON MOTORS (SPARES) REPRESENTED BY ITS PROPRIETOR MR. V. BHASKAR

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OFFICE AT NO.2, OPP. VETERINARY COLLEGE LAKSHMAIAH BLOCK GANGANAGAR NORTH BANGALORE-560 024

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SRI. V. BHASKAR S/O LATE SRI. N. VEERASWAMY AGED ABOUT 52 YEARS

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SMT. SREELATHA B.C W/O SRI. V. BHASKAR AGED ABOUT 45 YEARS

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BOTH AE RESIDING AT NO.48, MTB ROAD (MAVALLI TANK BUND ROAD) KALASIPALYA CENTRAL RANGE BANGALORE-02

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(IN W.P. No.14880/2022)

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M/S TRITION MOTORS (SPARES) PROPRIETORSHIP FIRM REPRESENTED BY ITS PROPRIETOR

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NC: 2024:KHC:7144-DB WA No. 855 of 2023

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MR. V. BHASKAR

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OFFICE AT NO.2, OPP. VETERINARY COLLEGE LAKSHMAIAH BLOCK GANGANAGAR NORTH BANGALORE-560 024

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SRI. V. BHASKAR S/O LATE SRI. N. VEERASWAMY AGED ABOUT 52 YEARS

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SMT. SREELATHA B.C W/O SRI. V. BHASKAR AGED ABOUT 45 YEARS BOTH AE RESIDING AT NO.48, MTB ROAD (MAVALLI TANK BUND ROAD) KALASIPALYA CENTRAL RANGE BANGALORE-02 …APPELLANTS (BY SHRI. M.A. RAJENDRA, ADVOCATE)

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AND:

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THE AUTHORISED OFFICER CANARA BANK ASSET RECOVERY MANAGEMENT-1 NO.86, SPENCER TOWERS M.G.ROAD BANGALORE-560 001 (COMMON IN WP No.21676/2022, WP No.11808/2021, WP No.11811/2021, WP No.14880/2022)

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THE RECOVERY OFFICER-1 DEBT RECOVERY TRIBUNAL-DRT-1 GOVERNEMNT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES JEEVAN MANGAL BUILDING IIND FLOOR, NO.4 RESIDNECY ROAD, BENGALURU-25 NOW PRESENT ADDRESS (AFTER SHIFTING) 2(A) THE RECOVERY OFFICER-1 DEBT RECOVERY TRIBUNAL-DRT-1 GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES 4^TH FLOOR, BSNL BUILIDNG

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NC: 2024:KHC:7144-DB WA No. 855 of 2023

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CUBBON PARK, METRO BANGALORE-01

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(COMMON IN WP No.21676/2022, WP No.14880/2022)

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SRI. POLLAMREDDY SREEDHAR REDDY (AUCTION PURCHASER) S/O SRI. P. VENKU REDDY NO.25, 1^ST MAIN, HGH LAYOUT GANGANAGAR BANGALORE-032 …RESPONDENTS

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(BY MS. B.G. NAYANA TARA ADVOCATE FOR SMT. R. SIRI, ADVOCATE FOR C/R3)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED COMMON ORDERS PASSED BY THE LEARNED SINGLE JUDGE IN WP No.21676/2022 (GM-DRT) WP No.11808/2021 (GM-RES) WP No.11811/2021 (GM-RES) AND IN WP No.14880/2020 (GM-DRT) ON 2^ND JUNE 2023 ANNEXURE-A AND ALLOW THE WA WITH COST AND GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING , THIS DAY, CHIEF JUSTICE , DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is directed against the common order dated June 2, 2023, in W.Ps.No.21676/2022, 11808/2021, 11811/2021 & 14880/2020 passed by the Hon’ble Single Judge.

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Heard Shri M.A.Rajendra, learned advocate for the appellants and Ms.B.G.Nayana Tara, learned advocate for respondent No.3.

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NC: 2024:KHC:7144-DB WA No. 855 of 2023

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Undisputed facts of the case are, appellants-writ petitioners have borrowed money from the Canara Bank. The Bank has initiated proceedings before the DRT¹ in Original Applications² No.829 & 830 of 2017. O.As have been decreed. Pursuant thereto some of the mortgaged properties has been auctioned.

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Learned advocate for the appellants submitted that the sale conducted before the Recovery Officer is challenged in W.P.No.7940/2023. Appellants have challenged the order passed in O.As.No.829 & 830 of 2017 in the instant writ petition. Hon’ble Single Judge having considered the matter in extenso has rejected writ petitions reserving liberty to approach DRAT³ .

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The settled position with regard to remedy against the order passed by the DRT on O.A. filed under Section 19 of Recovery of Debts and Bankruptcy Act, 1993, is to prefer appeal under Section 20 before the DRAT. We are at one with the view taken by the Hon’ble Single Judge. In the circumstance, this appeal fails and it is accordingly dismissed .

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1 Debt Recovery Tribunal

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2 ‘O.A.’ for short

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3 Debt Recovery Appellate Tribunal

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NC: 2024:KHC:7144-DB WA No. 855 of 2023

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In view of disposal of this appeal, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of .

No costs.

Sd/CHIEF JUSTICE

Sd/JUDGE

List No.: 1 Sl No.: 59

M/S Triton Motors v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

M/S Triton Motors v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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