Karnataka High Court
M/S Anand Rathi Global Finance Limited vs Mr. Nagaraj M on 4 March, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:8959
WP No. 6722 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 6722 OF 2024 (GM-DRT)
BETWEEN:
M/S. ANAND RATHI GLOBAL FINANCE LIMITED
REGISTERED OFFICE:
HAVING THEIR REGISTERED OFFICE AT
EXPRESS ZONE, A WING, 10TH FLOOR,
WESTERN EXPRESS HIGHWAY,
GOREGAON (EAST)
MUMBAI - 400 063
MAHARASHTRA.
HAVING ITS BRANCH OFFICE AT
4TH FLOOR, BIKANAR PINNACLE
Digitally signed NO.1, RHENIUS STREET,
by NAGAVENI RICHMOND ROAD
Location: HIGH BENGALURU - 560 025
COURT OF REPRESENTED BY IT'S
KARNATAKA
AUTHORISED OFFICER
MR.SWEEKRUTH U.P.,
...PETITIONER
(BY SRI LOKESH K.V., ADVOCATE)
AND:
MR. NAGARAJ M.,
S/O MUTTANNA
AGED ABOUT 32 YEARS,
-2-
NC: 2024:KHC:8959
WP No. 6722 of 2024
NO.1, 1ST MAIN ROAD,
SANJEEVINI NAGAR
HEGGANAHALLI
BENGALURU - 560 091
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTION TO THE HONBLE DEBT RECOVERY TRIBUNAL-1
BANGALORE TO EXPEDITE HEARING AND THEREAFTER PASS
ORDERS IN S.A 172/2020 VIDE ANNX-B IN ACCORDANCE
WITH LAW IN THE ENDS OF JUSTICE.
THIS WRIT 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
NC: 2024:KHC:8959
S.A. 172/2020 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:
" 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."
NC: 2024:KHC:8959
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench (supra), this
petition also stands disposed on the same terms.
Sd/-
JUDGE
BKP
