Karnataka High Court
Sir M Visvesvaraya Co-Operative Bank ... vs M/S Pinakini Educational Trust on 5 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:4886
WP No. 3201 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 3201 OF 2024 (GM-DRT)
BETWEEN:
SIR M VISVESVARAYA CO-OPERATIVE BANK LIMITED
HAVING THEIR REGISTERED OFFICE AT NO.109,
CORPORATE OFFICE, 2ND FLOOR,
SHANKARA MUTT ROAD,
SHANKARAPURAM
BANGALORE-560004
REPRESENTED BY ITS AUTHORISED OFFICER
MR B A SREEDHARA
...PETITIONER
(BY SRI. K.V.LOKESH, ADVOCATE)
AND:
Digitally signed by
PADMAVATHI B K M/S PINAKINI EDUCATIONAL TRUST
Location: HIGH BEHIND RAYMOND FACTORY
COURT OF
KARNATAKA BY PASS ROAD, GINDAPURA
GOWRIBIDANUR-561208
CHIKKABALLAPURA DISTRICT, KARNATAKA
REPRESENTED BY SMT. ASHA REDDY (TRUSTEE)
REG. UNDER INDIAN TRUSTS ACT, 1882
...RESPONDENT
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE
HON'BLE DEBT RECOVERY TRIBUNAL-1 BANGALORE TO
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NC: 2024:KHC:4886
WP No. 3201 of 2024
EXPEDITE HEARING AND THEREAFTER PASS ORDERS IN
SA 27/2023 IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Sri.K.V.Lokesh, appearing for
the petitioner.
2. The petitioner is before this Court, seeking for the
following prayers:
"a. Issues a Writ of Mandamus by issuing direction
to the Hon'ble Debt Recovery Tribunal-1, Bangalore
to expedite hearing and thereafter pass Orders in
S.A. 27/2023 in accordance with law in the ends of
Justice.
b. Grant such other relief as deemed fit to this
Hon'ble Court in the facts and circumstances of the
case."
3. Learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by the Co-ordinate Bench of this Court in
W.P.No.20551/2023 disposed on 26.09.2023, wherein it has
held as follows:
NC: 2024:KHC:4886
" 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."
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench, the petition
stands disposed on the same terms.
Sd/-
JUDGE
KG
