Sri.Puttaraju.M v. Tumkur Grain Merchants Co. Operative Bank Ltd.
Case brief
What is this about?
Karnataka HC, Bengaluru (NC: 2025:KHC:37271); W.P. No. 2917 of 2022 (GM-DRT); Justice R. Nataraj; decision 17.09.2025. Writ petition under Articles 226 and 227 vs Tumkur Grain Merchants Co-operative Bank Ltd. and others challenging DRT-II Bengaluru final order dated 28.12.2021 in S.A. No.123/2020 (Annexure-E). Dismissed on the ground of pending appellate remedy: appeal in Diary No. AIR 322/2022 before DRAT, Chennai with I.A. No.14/2022 for condonation of 223 days' delay, filed after DRAT Chairperson's appointment; petitioner's affidavit of 23.02.2023; Section 14, Limitation Act 1963 referenced in affidavit; I.A. Nos.1/2023 and 3/2023 held not to survive. Keywords: alternate remedy, DRAT Chennai, DRT-II Bengaluru, Securitisation Appeal, condonation of delay, writ petition dismissed, GM-DRT.
What did the court decide?
With the Chairperson of DRAT, Chennai appointed and the Appellate Tribunal functioning, and in view of the affidavit filed by the petitioner and the pendency of the appeal in Diary No. AIR 322/2022 before the DRAT, the writ petition cannot continue on the record of the Court.