The court directed the Debt Recovery Tribunal-II, Bangalore, to dispose of Special Appeal No.63/2024 within three months from the next date of hearing, relying on a coordinate bench order and the timeline prescribed under the SARFAESI Act, 2002.
Directed DRT-II, Bangalore to dispose of S.A.No.63/2024 within three months from next date of hearing.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 23673 OF 2024 (GM-DRT)
BETWEEN:
… PETITIONER
(BY SRI. LOKESH K V., ADVOCATE)
AND:
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
… RESPONDENT
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE HON'BLE DEBT RECOVERY TRIBUNAL-2 BANGALORE TO EXPEDITE HEARING AND THEREAFTER PASS ORDERS IN S.A 63/2024 VIDE ANNEXURE-A IN ACCORDANCE WITH LAW IN THE ENDS OF JUSTICE AND ETC.
NC: 2024:KHC:37808 WP No. 23673 of 2024
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Petitioner is before this Court seeking for a directive to the Debt Recovery TRibunal-2, Bangalore, dispose of S.A.No.63/2024 expeditiously.
"The short grievance of the Petitioner – Cooperative Bank is as to alleged long pendency of the Appeal in SA No.125/2021. Learned Sr. panel Counsel appearing for the Petitioner – Bank draws attention of the Court to the text of Section 17 of the SARFAESI Act, 2002 which ideally prescribes four months period for deciding the matters of the kind. Notice to respondents is dispensed with since no coercive orders are being passed against them in this Petition, the petition prayer being innocuous.
In view of the above, learned Presiding Officer of the DRT is requested to hear & dispose of the SA supra preferably within an outer limit of four months from this day with the participation of Respondents. All contentions in that connection are kept open.
Ordered accordingly and Writ petition is disposed off."
NC: 2024:KHC:37808 WP No. 23673 of 2024
Sd/(HEMANT CHANDANGOUDAR) JUDGE
VP
1 issue framed by the court
Whether the Debt Recovery Tribunal-II, Bangalore, should be directed to dispose of S.A. No.63/2024 expeditiously in view of Section 17 of the SARFAESI Act, 2002.
Colour shows how this judgement treated each authority
Co-ordinate BenchRelied on¶20
W.P.No.20551/2023
2 provisions across 2 enactments
Canara Bank
M/S Star Grandeur
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
