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2025 DAILYLAW 21574 (KAR)

SRI. K. M. VISHWANATH v. AUTHORIZED OFFICER

WP/8552/2025 · 2025-03-21

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12133 WP No. 8552 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8552 OF 2025 (GM-DRT) BETWEEN: 1. SRI. K. M. VISHWANATH SON OF LATE K.M.RUDRAIAH AGED ABOUT 57 YEARS RESIDING AT NO.64/3, 16TH CROSS, 3RD MAIN, NEAR STELLA MARYS SCHOOL GAYATHRI DEVI PARK EXTENSION VYALIKAVAL, MALLESHWARAM BENGALURU - 560 003. 2. M/S KMP INTERNATIONAL LLP A LIMITED LIABILITY PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER K.M. VISHWANATH HAVING ITS OFFICE AT NO.12/2 4TH FLOOR, KMP HOUSE MADHAVANAGAR, NEAR SHIVANANDA CIRCLE YAMUNABAI ROAD, BANGALORE - 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12133 WP No. 8552 of 2025 3. SRI. K.M. PRATEEK SON OF SRI. K.M.VISHWANATH AGED ABOUT 30 YEARS R/AT NO.64/3, 16TH CROSS, 3RD MAIN, NEAR STELLA MARYS SCHOOL GAYATHRI DEVI PARK EXTENSION VYALIKAVAL, MALLESHWARAM BENGALURU - 560 003. 4. MRS. K.M. SANGEETHA VISHWANATH W/O OF SRI. K.M. VISHWANATH AGED ABOUT 55 YEARS R/AT NO.64/3, 16TH CROSS, 3RD MAIN, NEAR STELLA MARYS SCHOOL GAYATHRI DEVI PARK EXTENSION VYALIKAVAL, MALLESHWARAM BENGALURU - 560 003 …PETITIONERS (BY SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE) AND: 1. AUTHORIZED OFFICER BY ITS MANAGER M/S INDIA BULLS COMMERCIAL CREDIT LTD. HAVING ITS BRANCH OFFICE AT NO.116. KRISHNA ARCADE, BETWEEN 11TH AND 12TH CROSS, MARGOSA MAIN ROAD, - 3 - NC: 2025:KHC:12133 WP No. 8552 of 2025 MALLESWARAM BANGALORE - 560 003 REG. UNDER BANKING REGULATION ACT, 1956 2. M/S. INDIA BULLS COMMERCIAL CREDIT LTD. HAVING ITS CORPORATE OFFICE AT PLOT NO. 422-B UDYOG VIHAR, PHASE IV, GURUGRAM 122016 HARYANA, REP. BY ITS MANAGING DIRECTOR 3. M/S. D.J. MATRIX CONSULTING PVT. LTD. REPRESENTED BY ITS DIRECTOR DR. JOSEPH K. THOMAS NO.C-133, SHOBHA MANGOLIA BANNERGHATTA ROAD, BANGALORE - 560 029. A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 …RESPONDENTS (BY SRI. B.N. PRAKASH, ADV. FOR C/R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE IMPUGNED ORDERS DATED 21.02.2025 DISMISSING SA NO.185/2023 BY THE DEBTS RECOVERY TRIBUNAL-II, BENGALURU VIDE ANNEXURE-A AND ALSO THE IA NOS.355/2025 AND 356/2025 IN SA NO.185/2023 VIDE ANNEXURE-B; QUASH THE ORDER DATED 20.02.2025 REJECTING IA NO.355 AND 356 OF 2025 IN SA NO.185/2023 VIDE ANNEXURE-B REFUSING TO PERMIT THE PETITIONER TO AMEND SA NO.185/2023 SEEKING ADDITIONAL PRAYER CHALLENGING THE SALE NOTICE ISSUED TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:12133 WP No. 8552 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The learned counsel appearing for the petitioners after arguing the matter at length would seek leave of this Court to approach the Debt Recovery Appellate Tribunal against the order passed by the Debt Recovery Tribunal on its merit. 2. Reserving such liberty the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 3 Sl No.: 1