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2025 DAILYLAW 23293 (KAR)

M/S JANATHA CO OP BANK LTD v. MR KODANDARAMU R

WP/11834/2025 · 2025-05-02

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:17990 WP No. 11834 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11834 OF 2025 (GM-DRT) BETWEEN: M/S. JANATHA CO-OP BANK LTD., NO.156, 8TH MAIN ROAD, 17TH CROSS, MALLESHWARAM WEST, BENGALURU - 560 055, REPRESENTED BY IT'S AUTHORISED OFFICER MR. VINODA SHIVARAMAIAH, ASSISTANT MANAGER. …PETITIONER (BY SRI. LOKESH K.V, ADVOCATE) AND: MR. KODANDARAMU R, S/O LATE RANGAPPA, AGED 55 YEARS, 2ND PHASE, 40 FEET ROAD, MANJUNATHANAGAR, BENGALURU - 560 010. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE HON'BLE DEBT RECOVERY TRIBUNAL-1, BANGALORE TO EXPEDITE HEARING AND THEREAFTER PASS ORDERS IN S.A Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17990 WP No. 11834 of 2025 NO.709/2022 VIDE ANNEXURE-A IN ACCORDANCE WITH LAW IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking a writ in the nature of mandamus directing Debt Recovery Tribunal - 1, Bangalore to expedite hearing and pass orders in S.A.No.709/2022. 2. Heard Shri Lokesh K.V., learned counsel appearing for the petitioner. 3. The 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 in the case of CANARA BANK Vs. M/S. STAR GRANDEUR1, the Co-ordinate Bench has held as follows: "Petitioner is before this Court seeking for a directive to the Debt Recovery TRibunal-2, Bangalore, dispose of S.A.No.63/2024 expeditiously. 1 W.P.No.23673/2024 disposed on 12.09.2024 - 3 - NC: 2025:KHC:17990 WP No. 11834 of 2025 2. In similar circumstances, the Co-ordinate Bench of this Court in W.P.No.20551/2023 disposed of on 26.09.2023 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." 3. In view of the above, the Debt Recovery Tribunal-II, Bangalore, is hereby directed to dispose of S.A.No.63/2024 within three months from next date of hearing. 4. Accordingly, writ petition is disposed of." In the light of the issue standing covered by the judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms with a direction to the Debt Recovery Tribunal - 1, - 4 - NC: 2025:KHC:17990 WP No. 11834 of 2025 Bangalore to dispose of S.A.No.709/2022, within 45 days from the next date of hearing. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 84 CT: BHK