Sri. Swamy K R v. State Bank of India

Karnataka HC16 Jul 2025WP/15097/2025

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), S Sunil Dutt Yadav J, WP No. 15097 of 2025 (GM-DRT), decided 16.07.2025. Certiorari against DRT II Karnataka order dated 28.11.2024 on I.A. No. 699/2022 in O.A. 101/2019 (application under S.22(2)(h), Recovery of Debts to Banks Act 1993) rejecting recall of order dated 01.02.2022 taking cross-examination of P.W.1 as nil. Petition disposed of with liberty to seek review within 2 weeks; DRT to pass appropriate orders on review; Bank had no objection to defendant's evidence.

What did the court decide?

Liberty reserved to the petitioner to file an application seeking review of the order on I.A. No. 699/2022 within 2 weeks, on which the DRT may pass appropriate orders ¶¶40

Sri. Swamy K R Vs State Bank of India — Banking and Recovery | Karnataka HC (2025)

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NC: 2025:KHC:26466 WP No. 15097 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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WRIT PETITION NO. 15097 OF 2025 (GM-DRT)

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BETWEEN:

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SRI. SWAMY K R S/O KALAMUDDANADODDI RAMA AGED ABOUT 40 YEARS NO 19, 16TH CROSS BUVANESHWARINAGAR, K P AGRAHARA BANGALORE 560023.

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…PETITIONER

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(BY SRI. B S GURUDATH., ADVOCATE)

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AND:

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Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

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STATE BANK OF INDIA CHOKKAHALLI BRANCH CHOKKAHALLI INDUSTRIAL AREA GATE, CHINTHAMANI ROAD BANGALORE-562114 REP BY ITS BRANCH MANAGER MS SHALINI KUMARI.

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SRI N D RAVI S/O SRI DORESWAMY RAJU AGED ABOUT 53 YEARS C/O M/S IT ESTATES NO 2 DEVANDRA OFF BEL ROAD BANGALORE-560094.

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…RESPONDENTS (BY SMT. DIVYA PURANDAR., ADVOCATE FOR R1; SRI. B N TULSI KUMAR, ADVOCATE FOR R2)

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2 - NC: 2025:KHC:26466 WP No. 15097 of 2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL THE RECORDS IN OA 101/2019 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL II KARNATAKA AT BENGALURU. SET ASIDE THE ORDER DTD. 28.11.2024 ON IA 699/2022 FILED UNDER 22(2)(h) OF RECOVERY OF DEBTS TO BANKS ACT 1993 R/W RULE OF THE SAID ACT IN OA 101/2019 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL II KARNATAKA AT BENGALURU AS PER ANNX-G BY ALLOWING THIS WRIT PETITION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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Petitioner has sought for issuance of writ in the nature of certiorari to set aside the order dated 28.11.2024 passed on I.A. No. 699/2022, which order is found at Annexure-G.

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Perusal of the order at Annexure-G would

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reveal that petitioner who is defendant No. 1 before the DRT had filed an application seeking to recall the order dated 01.02.2022 whereby the cross-examination of P.W.1 was taken as nil. It is noticed that the applicant - Bank had not filed objections to the said application.

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3 - NC: 2025:KHC:26466 WP No. 15097 of 2025

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HC-KAR

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The Tribunal has noticed the lapse on the part

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of the petitioner herein and while holding that no proper explanation was given nor documents were produced to support the same and has rejected the said application.

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Learned counsel for the respondent submits that the matter would be procrastinated if it is kept pending. It is further submitted that the respondent has no objection insofar as the leading of evidence of the defendant.

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Taking note of the stand of the bank and the stand of the petitioner that he would file better affidavit in support of I.A. No. 699/2022, the petition is disposed off reserving liberty to the petitioner to file an application seeking review of the order on I.A. No. 699/2022. The said application for review must be filed within 2 weeks from today.

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