Karnataka High Court
M/S Triton Motors vs The Authorised Officer on 20 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
-1-
NC: 2024:KHC:7144-DB
WA No. 855 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 855 OF 2023 (GM-DRT)
BETWEEN:
(IN W.P. No.21676/2022)
1. M/S. TRITON MOTORS
REPRESENTED BY ITS PROPRIETOR
MR. V. BHASKAR
OFFICE AT NO.2,
OPP. VETERINARY COLLEGE
LAKSHMAIAH BLOCK
GANGANAGAR NORTH
BANGALORE-560 024
2. SRI. V. BHASKAR
S/O LATE SRI. N. VEERASWAMY
Digitally signed AGED ABOUT 52 YEARS
by YASHODHA N
Location: HIGH 3. SMT. SREELATHA B.C
COURT OF W/O SRI. V. BHASKAR
KARNATAKA
AGED ABOUT 45 YEARS
BOTH AE RESIDING AT
NO.48, MTB ROAD
(MAVALLI TANK BUND ROAD)
KALASIPALYA CENTRAL RANGE
BANGALORE-02
(IN W.P. No.11808/2021)
1. M/S. TRITON MOTORS
REPRESENTED BY ITS PROPRIETOR
MR. V. BHASKAR
-2-
NC: 2024:KHC:7144-DB
WA No. 855 of 2023
OFFICE AT NO.2,
OPP. VETERINARY COLLEGE
LAKSHMAIAH BLOCK
GANGANAGAR NORTH
BANGALORE-560 024
2. SRI. V. BHASKAR
S/O LATE SRI. N. VEERASWAMY
AGED ABOUT 52 YEARS
3. SMT. SREELATHA B.C
W/O SRI. V. BHASKAR
AGED ABOUT 45 YEARS
BOTH AE RESIDING AT
NO.48, MTB ROAD
(MAVALLI TANK BUND ROAD)
KALASIPALYA CENTRAL RANGE
BANGALORE-02
(IN W.P. No.11811/2021)
1. M/S. TRITON MOTORS (SPARES)
REPRESENTED BY ITS PROPRIETOR
MR. V. BHASKAR
OFFICE AT NO.2,
OPP. VETERINARY COLLEGE
LAKSHMAIAH BLOCK
GANGANAGAR NORTH
BANGALORE-560 024
2. SRI. V. BHASKAR
S/O LATE SRI. N. VEERASWAMY
AGED ABOUT 52 YEARS
3. SMT. SREELATHA B.C
W/O SRI. V. BHASKAR
AGED ABOUT 45 YEARS
BOTH AE RESIDING AT
NO.48, MTB ROAD
(MAVALLI TANK BUND ROAD)
KALASIPALYA CENTRAL RANGE
BANGALORE-02
(IN W.P. No.14880/2022)
1. M/S TRITION MOTORS (SPARES)
PROPRIETORSHIP FIRM
REPRESENTED BY ITS PROPRIETOR
-3-
NC: 2024:KHC:7144-DB
WA No. 855 of 2023
MR. V. BHASKAR
OFFICE AT NO.2,
OPP. VETERINARY COLLEGE
LAKSHMAIAH BLOCK
GANGANAGAR NORTH
BANGALORE-560 024
2. SRI. V. BHASKAR
S/O LATE SRI. N. VEERASWAMY
AGED ABOUT 52 YEARS
3. SMT. SREELATHA B.C
W/O SRI. V. BHASKAR
AGED ABOUT 45 YEARS
BOTH AE RESIDING AT
NO.48, MTB ROAD
(MAVALLI TANK BUND ROAD)
KALASIPALYA CENTRAL RANGE
BANGALORE-02 ...APPELLANTS
(BY SHRI. M.A. RAJENDRA, ADVOCATE)
AND:
1. THE AUTHORISED OFFICER
CANARA BANK
ASSET RECOVERY MANAGEMENT-1
NO.86, SPENCER TOWERS
M.G.ROAD
BANGALORE-560 001
(COMMON IN WP No.21676/2022, WP No.11808/2021,
WP No.11811/2021, WP No.14880/2022)
2. THE RECOVERY OFFICER-1
DEBT RECOVERY TRIBUNAL-DRT-1
GOVERNEMNT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES
JEEVAN MANGAL BUILDING
IIND FLOOR, NO.4
RESIDNECY ROAD, BENGALURU-25
NOW PRESENT ADDRESS (AFTER SHIFTING)
2(A) THE RECOVERY OFFICER-1
DEBT RECOVERY TRIBUNAL-DRT-1
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES
4TH FLOOR, BSNL BUILIDNG
-4-
NC: 2024:KHC:7144-DB
WA No. 855 of 2023
CUBBON PARK, METRO
BANGALORE-01
(COMMON IN WP No.21676/2022, WP No.14880/2022)
3. SRI. POLLAMREDDY SREEDHAR REDDY
(AUCTION PURCHASER)
S/O SRI. P. VENKU REDDY
NO.25, 1ST MAIN, HGH LAYOUT
GANGANAGAR
BANGALORE-032 ...RESPONDENTS
(BY MS. B.G. NAYANA TARA ADVOCATE FOR
SMT. R. SIRI, ADVOCATE FOR C/R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED COMMON ORDERS
PASSED BY THE LEARNED SINGLE JUDGE IN WP No.21676/2022 (GM-DRT)
WP No.11808/2021 (GM-RES) WP No.11811/2021 (GM-RES) AND IN
ND
WP No.14880/2020 (GM-DRT) ON 2 JUNE 2023 ANNEXURE-A AND ALLOW
THE WA WITH COST AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE AND IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the common order dated
June 2, 2023, in W.Ps.No.21676/2022, 11808/2021, 11811/2021
& 14880/2020 passed by the Hon'ble Single Judge.
2. Heard Shri M.A.Rajendra, learned advocate for the
appellants and Ms.B.G.Nayana Tara, learned advocate for
respondent No.3.
NC: 2024:KHC:7144-DB
3. Undisputed facts of the case are, appellants-writ
petitioners have borrowed money from the Canara Bank.
The Bank has initiated proceedings before the DRT1 in Original
Applications2 No.829 & 830 of 2017. O.As have been decreed.
Pursuant thereto some of the mortgaged properties has been
auctioned.
4. Learned advocate for the appellants submitted that the
sale conducted before the Recovery Officer is challenged in
W.P.No.7940/2023. Appellants have challenged the order passed
in O.As.No.829 & 830 of 2017 in the instant writ petition.
Hon'ble Single Judge having considered the matter in extenso
has rejected writ petitions reserving liberty to approach DRAT3.
5. The settled position with regard to remedy against the
order passed by the DRT on O.A. filed under Section 19 of
Recovery of Debts and Bankruptcy Act, 1993, is to prefer appeal
under Section 20 before the DRAT. We are at one with the view
taken by the Hon'ble Single Judge. In the circumstance,
this appeal fails and it is accordingly dismissed.
Debt Recovery Tribunal
'O.A.' for short
Debt Recovery Appellate Tribunal
NC: 2024:KHC:7144-DB
6. In view of disposal of this appeal, pending interlocutory
applications, if any, do not survive for consideration and
they stand disposed of.
No costs.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AV
