Disposed

K v. Srinivas v Idbi Bank Ltd.

Karnataka HC14 Mar 2024WP/1883/2024

Case brief

AI extract

What is this about?

Petitioners challenged a sale certificate issued to an auction purchaser and the DRT's order and recovery certificate in a bank recovery case. The High Court declined to examine merits, holding the petitioners' remedy lay before the Debts Recovery Tribunal, and disposed of both writ petitions reserving such liberty with contentions open.

What did the court decide?

Liberty reserved to petitioners to pursue remedies before the DRT; all contentions left open.

K v Srinivas Vs Idbi Bank Ltd. — Banking and Recovery | Karnataka HC (2024)

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1 - NC: 2024:KHC:10768 WP No. 1883 of 2024 C/W WP No. 25544 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1883 OF 2024 (GM-DRT)

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C/W

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WRIT PETITION NO. 25544 OF 2023 (GM-DRT)

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IN W.P.NO.1883/2024

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BETWEEN:

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K.V.SRINIVAS,

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S/O LATE VENKATAPPA, AGED ABOUT 60 YEARS,

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S.M.DHEERAJ,

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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S/O K.V.SRINIVAS, AGED ABOUT 33 YEARS, BOTH R/AT 2342, 20^TH CROSS,

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K.R. ROAD, BANASHANKARI 2^ND STAGE, BENGALURU – 560 070.

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…PETITIONERS

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(BY SRI. K.N.PHANEENDRA, SENIOR ADVOCATE FOR SRI.SHRAVAN S LOKRE., ADVOCATE)

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AND:

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IDBI BANK LTD., RETAIL RECOVERY, REPRESENTED BY ITS DEPUTY GENERAL MANAGER,

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NC: 2024:KHC:10768 WP No. 1883 of 2024 C/W WP No. 25544 of 2023

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3^RD FLOOR, NO.58, MISSION ROAD, BENGALURU – 560 027.

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THE RECOVERY OFFICER DRT – II, JEEVAN MANGAL BUILDING, 2^ND FLOOR, NO.04, RESIDENCY ROAD, BENGALURU – 560 025.

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LAKKU SUBHASH CHANDRA REDDY, S/O NARAYANA REDDY, AGED ABOUT 58 YEARS, R/A 47, VANDE MATHARAM, 12^TH MAIN, 3^RD BLOCK, JAYANAGAR, BENGALURU – 560 011.

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…RESPONDENTS

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(BY SRI. T.P.MUTHANNA., ADVOCATE FOR C/R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SALE CERTIFICATE DATED 06.01.24 BEARING R.C. NO. 267/2019 IN OA NO.540/2018 ISSUED BY THE R2 IN FAVOUR OF THE R3 (ANNEXURE - A) AND ETC.,

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IN W.P.NO.25544/2023

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BETWEEN:

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SRI.K.V.SRINIVAS, S/O LATE SRI. VENKATAPPA, AGED ABOUT 60 YEARS,

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NC: 2024:KHC:10768 WP No. 1883 of 2024 C/W WP No. 25544 of 2023

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SRI. S.M.DHEERAJ, S/O SRI.K.V.SRINIVAS, AGED ABOUT 33 YEARS,

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BOTH ARE R/AT NO.2342, 20^TH CROSS, K.R. ROAD, BANASHANKARI 2^ND STAGE, BENGALURU – 560 070. ALSO AT: PROPERTY NO.43/2, KATHRIGUPPE VILLAGE, BENGALURU – 560 070. DEFENDANT NO.1 ALSO AT NO.43/2, 100 FEET RING ROAD, KATRIGUPPE, BANASHANKARI 2^ND STAGE, BELLANDUR, BENGALURU – 560 085.

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…PETITIONERS

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(BY SRI. K.N.PHANEENDRA, SENIOR ADVOCATE FOR SRI.RAJENDRA M.A., ADVOCATE)

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AND:

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THE DY. GENERAL MANAGER, IDBI BANK LTD., RETAIL RECOVERY, 3^RD FLOOR, NO.58, MISSION ROAD, BENGALURU – 560 027.

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THE RECOVERY OFFICER - DRT – II, DEBTS RECOVERY TRIBUNAL – II, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN MANGAL BUILDING,

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4 - NC: 2024:KHC:10768 WP No. 1883 of 2024 C/W WP No. 25544 of 2023

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(2^ND FLOOR), NO.04, RESIDENCY ROAD, BENGALURU – 560 025.

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MR.LAKKU SUBHASH CHANDRA REDDY, S/O NARAYANA REDDY, AGED ABOUT 57 YEARS, R/A 47, VANDE MATHARAM, 12^TH MAIN, 3^RD BLOCK, JAYANAGAR, BENGALURU – 560 011.

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…RESPONDENTS

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(BY SRI. T.P.MUTHANNA., ADVOCATE FOR C/R1; SMT.B.SUKANYA BALIGA, ADVOCATE FOR R2; SRI.SUADAT AHAMED KIRMANI, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDERS PASSED BY THE HONBLE DRT-II, IN O.A.NO.540/2018 ON 2^ND FEBRUARY, 2019 (ANNEXURE –A) AND AS A CONSEQUENTIAL RELIEF, TO SET ASIDE THE RECOVERY CERTIFICATE DATED 29^TH MARCH, 2019 ANNEXURE – B AND ETC.,

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In W.P.No.1883/2024:

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Heard Sri. K.N. Phaneendra, learned Senior counsel appearing for the petitioners, Sri. T.P. Muthanna, learned

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NC: 2024:KHC:10768 WP No. 1883 of 2024 C/W WP No. 25544 of 2023

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counsel appearing for caveator/respondent No.3 and have

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perused the material on record.

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The petitioners are before this Court, seeking the

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following prayers:

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"1. Issue a writ of certiorari quashing the sale certificate dated 6/1/2024 bearing R.C.No.267/2019 in OA No.540/2018 issued by the second respondent in favour of the third respondent ( Annexure A0;

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2. Issue a writ of certiorari to quash the letter dated 11/1/2024 issued by the first respondent to the petitioners directing them to vacate the premises by 20/1/2024( Annexure B);

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3. Pass such further or other orders as this Hon'ble Court may deem fit to grant in the interests of justice and equity."

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The prayer is to quash a sale certificate in favour of

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the auction purchaser, respondent No.3 herein.

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Since the registration of sale certificate is called in question before this Court, the remedy that would be available to these petitioners is to approach the Debts Recovery Tribunal for redressal of their grievances.

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Therefore, without considering any aspect of the

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merit of the submissions made by the respective parties, I deem it appropriate to dispose the petition reserving liberty to

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6 - NC: 2024:KHC:10768 WP No. 1883 of 2024 C/W WP No. 25544 of 2023

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the petitioners to knock at the doors of the appropriate fora in accordance with law.

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In W.P.No.25544/2023:

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Heard Sri. K.N. Phaneendra, learned Senior counsel appearing for the petitioners, Sri. T.P. Muthanna, learned counsel appearing for caveator/respondent No.3 and have perused the material on record.

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The petitioners are before this Court calling in question an order dated 02.02.2019 passed in O.A.No.540/2018 by the Debts Recovery Tribunal-II.

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The order that is called in question is an order

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dated 02.02.2019 passed in O.A.No.540/2018 and a consequential recovery certificate issued on 29.03.2019. The Debts Recovery Tribunal has directed issuance of recovery certificate in an application filed by the Bank against the present petitioners. Therefore, it is for the petitioners to avail of such remedy as is available in law and if available in law.

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With the aforesaid observations, reserving such liberty, the petition stands disposed.

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NC: 2024:KHC:10768 WP No. 1883 of 2024 C/W WP No. 25544 of 2023

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All contentions of both the parties shall remain open.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 23

K v. Srinivas v Idbi Bank Ltd.

Case brief

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K v. Srinivas v Idbi Bank Ltd.

Case brief

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