This writ petition sought a direction to the Debt Recovery Tribunal, Bengaluru to dispose of a pending interlocutory application within three months. The High Court issued such a direction while keeping all contentions regarding maintainability open.
Direction to the Debt Recovery Tribunal, Bengaluru to dispose of I.A.No.28/2023 within three months.
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 25TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5003 OF 2023 (GM-DRT)
BETWEEN:
M/S. BENAKA BRICK WORKS, NO.36, GHBCS LAYOUT, BASAVESHWARA NAGAR, BANGALORE-560 079. REPTD BY ITS PROPRIETRIX, SMT. N. PARVATHAMMA.
…PETITIONER
(BY SRI. RAJARAM T., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. VIGNESH SHETTY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRYING TO DIRECTING THE HONBLE TRIBUNAL TO CONSIDER AND DISPOSE OF THE I.A.NO.28/2023 FILED BY THE PETITIONER IN M.A.NO.10/2020 DATED 03.01.2023 UNDER THE SECURITIZATION APPEAL NO.511/2009 VIDES ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks a direction to the Debt Recovery Tribunal, Bengaluru to consider and dispose off M.A.No.10/2020 filed under Securitization Appeal No.511/2009 and pending Interlocutory Application No.28/2023, dated 03.01.2023 vide Annexure–B, within a stipulated time frame.
regards the maintainability of M.A. No.10/2020 and I.A. No.28/2023 before the Tribunal, which may be directed to dispose off the said application within the stipulated time frame.
deem it just and appropriate to dispose of this petition directing the Debt Recovery Tribunal, Bengaluru to consider and pass appropriate orders on I.A.No.28/2023 filed in M.A.No.10/2020 within a period of Three Months from the receipt of a copy of this order.
including maintainability are kept open and no opinion is expressed in this regard.
Sd/JUDGE
JJ List No.: 1 Sl No.: 72
2 issues framed by the court
Whether the Secretary to the State/Tribunal should be directed to dispose of the pending interlocutory application within a stipulated time.
Whether all contentions regarding maintainability of the underlying application should be kept open.
M/s. Benaka Brick Works
Bank of Baroda
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
