M/S JAI HANUMAN RICE MILL v. AUTHORISED OFFICER/CHIEF MANAGER
WP/3291/2020 · 2025-01-10
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33815 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33815 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1044 WP No. 3291 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 3291 OF 2020 (GM-DRT) BETWEEN:
M/S. JAI HANUMAN RICE MILL REPRESENTED BY ITS PROPRIETOR. RANGASWAMY.K, S/O KALAIAH, AGED ABOUT 48 YEARS, NO.9/10, SY NO.26/3 AND 26/4, LINGAPURA N.H.-4, TUMKUR DISTRICT-572 106. …PETITIONER (BY SRI. CHANDRASHEKAR.L., ADVOCATE)
AND:
1. AUTHORISED OFFICER / CHIEF MANAGER, CANARA BANK, TUMKUR MAIN BRANCH, ASHOKA ROAD, NEAR PRIVATE BUS STAND, WARD NO.18, TUMKUR, TUMAKURU-572 101. 2. M/S. KIRAN RICE INDUSTRIES, REPRESENTED BY ITS PARTNER, SHIVARAMU.B.N.
AGED ABOUT 47 YEARS, S/O NARAYANAPPA.B.N.
NO.9/10, SY NO.26/3 AND 26/4. LINGAPURA NH-4, TUMKUR DISTRICT-572 106. …RESPONDENTS (BY SRI. T.P.MUTHANNA., ADVOCATE FOR R1;
R2-SERVED AND UNREPRESENTED)
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
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NC: 2025:KHC:1044 WP No. 3291 of 2020
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.T.P.Muthanna., counsel for respondent No.1 has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the Debts Recovery Tribunal to pass a speaking order on the interim relief prayed for by the petitioner within a time bound period. 3. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.T.P.Muthanna., submits that the Canara Bank had issued a Possession Notice to M/s.Kiran Rice Industries - the second respondent, who is the borrower and has defaulted in payment of loan of Rs.3,17,00,000/- (Rupees Three Crore Seventeen Lakhs only). Counsel further submits that the petitioner is a tenant under the second respondent. - 3 -
NC: 2025:KHC:1044 WP No. 3291 of 2020
Counsel therefore, submits that an appropriate order may be passed. The oral submission made by counsel for respondent No.1 is placed on record. 5. A perusal of the writ papers reveals that the petitioner being the tenant of the second respondent, approached the Debts Recovery Tribunal to address its grievance. Accordingly, Diary number was given as No.2232/2019 and certain objections were raised by the office. The petitioner did not rectify the office objections and hence, the application was dismissed and a regular S.A number was not assigned to the case.
Hence, the relief sought by the petitioner cannot be considered at this juncture under the writ jurisdiction. The Writ Petition is devoid of merits and is liable to be dismissed. 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 30