Mr. Dinesh G vs Smt. K.S. Shoba Devi
2024 Latest Caselaw 9595 Kant

Karnataka High Court

Mr. Dinesh G vs Smt. K.S. Shoba Devi on 2 April, 2024

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                                                       NC: 2024:KHC:13349-DB
                                                           WA No. 1165 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 2ND DAY OF APRIL, 2024

                                            PRESENT

                           THE HON'BLE SMT. JUSTICE ANU SIVARAMAN

                                              AND

                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                            WRIT APPEAL No. 1165 OF 2023 (GM-RES)


                   BETWEEN:

                   1.    MR. DINESH G.,
                         S/O LATE GURUMURTHY,
                         AGED ABOUT 46 YEARS,
                         RESIDING AT No. 1237,
                         11TH CROSS, SHANKARNAG CIRCLE,
                         BSK, 1ST STAGE, 2ND BLOCK,
                         BANASHANKARI,
                         BANGALORE 560050.
                                                                   ...APPELLANT
                   (BY Dr. AMIT ANAND DESHPANDE, ADVOCATE)
Digitally signed
by BELUR           AND:
RANGADHAMA
NANDINI
Location: HIGH
COURT OF           1.    SMT. K.S. SHOBA DEVI,
KARNATAKA
                         W/O SRI N. RAVISHANKAR,
                         AGED ABOUT 47 YEARS,
                         R/AT No. F/404, SHRIRAM SUHANA,
                         DHODDABALAPUR MAIN ROAD,
                         SURYAVANSHI LAYOUT,
                         YELAHANKA BORRANG LANE,
                         BANGALORE 560064.

                   2.    ANANDA RATHI GOLOBAL FINANCE LIMITED.,
                         REGISTERED OFFICE, EXPRESS ZONE,
                         A WING, 10TH FLOOR,
                             -2-
                                     NC: 2024:KHC:13349-DB
                                      WA No. 1165 of 2023




     WESTERN EXPRESS HIGHWAY,
     GOREGAON EAST,
     MUMBAI 400063.
     REP BY ITS AUTHORISED OFFICER/MANAGER.

3.   ANANDA RATHI GOLOBAL FINANCE LIMITED,
     4TH FLOOR, BIKANER PINNACLE,
     RHENUIS St., SHANTALANAGAR,
     RICHMOND ROAD,
     BANGALORE 560025.
     REP BY ITS AUTHORISED OFFICER/MANAGER
                                        ...RESPONDENTS
(BY SRI B. PRASANNA KUMAR, ADVOCATE)


     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO QUASH THE
ORDER DATED 10/07/2023 IN WP No.12695/2023 PASSED BY
HON'BLE HIGH COURT OF KARNATAKA, BENGALURU BENCH.

    THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY
ANU SIVARAMAN J., DELIVERED THE FOLLOWING:


                       JUDGMENT

Heard learned counsel on both sides quite in extenso.

We have also referred to the decisions relied upon by

learned counsel appearing on both sides.

2. In view of the submissions made by learned counsel

on both sides and the provisions of Section 17 of the

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 as also the

NC: 2024:KHC:13349-DB

decision of the Hon'ble Apex Court, in Celir LLP vs. Bafna

Motors (Mumbai) Pvt. Ltd. and others1, which is relied

upon by learned counsel for the appellant, we are of the

opinion that the direction in the impugned order to the

effect that the issue of limitation shall not be raised before

the Debts Recovery Tribunal was not justified.

3. The appeal is, therefore, disposed of vacating the

direction that the issue of limitation shall not be raised

before the Debts Recovery Tribunal.

The Debts Recovery Tribunal shall consider all

aspects of the matter including the question of limitation

as is raised before it.

Certified copy of this judgment shall be issued to the

appellant immediately so as to place it before the Debts

Recovery Tribunal. All questions are left open to be

decided by the Debts Recovery Tribunal.

2023 LiveLaw (SC) 808

NC: 2024:KHC:13349-DB

The parties shall appear before the Debts Recovery

Tribunal along with certified copy of this judgment on

18.04.2024.

Till then, the Debts Recovery Tribunal shall not pass

orders in the Securitization Appeal.

In view of disposal of main appeal, pending I.As, if

any, do not survive for consideration and are disposed of

as well.

Sd/-

JUDGE

Sd/-

JUDGE

MV