IN THE HIGH couzrr OF KARNATAKA AT BANG-ALu()'!§:l'E'._V
DATED THIS THE 22"" DAY OF OCTOBER, :'§2'o0}9g-Lccfi f _
PRESENT
THE HON'BLE MR.P.D.DINAKAR:AN,
Afifiifia,
THE HON'BLE MR.Jus'rI;:E MO'i¥iAnN' $'HAANTi'\éNA6'O UD.AR
wrzrr PETI1'IONV_r§1c§.A3vC?4'1:}20OVv9'AA{f5M='--=DRT)
BETWEEN:
Lakshrm Surya, 5 _
Aged about 46.yeg1rs "f:,; "
W/0 Surya Kum'a:, . _'
R/ at No. 1*,/A,' Central ¢'Exci$e'EVI,aycut,
Bhopsandra{"% ' '.;- =,"~'
Sanlayflagal'-"'E.. % . '_ I " .
Ba1'iga10I¢'56O _ .. Petitioner
'V V' '{ By I';-N,S1;bba'1;ed&'y',V Advocate }
1.
Thé”Ma::iége1;.
V Bank of I1_1d1a
“Sardar ‘I?ate1 Road Branch,
V V A ff » Mysore.
V =2; Eiuthorised Officer,
“Bank ofincha,
Karnataka Zonal Asset
Recovery Department,
No.11, K.G.Road,
Bangalore~»560 009.
3. The Debt Recovery Tribunal,
MuInbai–400 008. _ .. R1eepo~ee_ee’tsV’_’
[ By Sri H.Mohamad Ibrahim, Advo.cate”for V ‘ i V
M / s. Ibrahim Associates for C/
This Writ Petition isfiled u.1idero_)’.rtie_les 226′”&”227 of the
Constitution of India praying to qtxash ‘the, gjart order passed by
DRAT, Mumbai, dated 7. 10.2009 An1i_exu1’e~E with respect
to the time of 15 days granted,an._d to ‘exte1<it_I–. the time for the
payment of the deposit arrzount. " – "
This Writ"-Pe££t§o_n'vcom1ng –._o1iQfor. orders on this day,
MOHAN SHAD5YTjL1_§.TA__(}OUDAR;;vesJ .(§eli*v.{e'red the following-
By ifiiiung this the petitioner virtually
seeks extensiéonivy0fh"'ti1i*1eAwt"or depositing the amount of
5»-Igfikfesfl as veiiiirected of Debt Recovery Appeilate
Tr'ihun8.L –
.. ‘i”heV records reveal that the Debt Recovery
gppe11ete Tribunal, Mumbai, in SA No.63’?/2009 [DRAT,
‘°’vi.___”V(§hennai), on I.A.No.}.219/2009 by the impugned order
P/he
dated 7.10.2009 directed the petitioner herein’ to
deposit a sum of Rs.19.50 lakhs within two week–s_”‘pfrort1
110.2009. It is relevant to note that
taken place pursuant to the orderspassed against
the petitioner. Now the confirniatinon sal.e0isp’.t0.,be
The petitioner herein has not ct:eposited’Rs;»19:; as’
directed by the Debt…’ Re(:oVe.ryj4 flfiippeliate’ “Tribunal,
Murnbai, as on this ‘V .tfhve_””_petitioner has
pleaded in the§..w’.;’*.»”tr:iVfp;:p’_’ of poverty she
has not ‘ordered by the Debt
Recovexjf” within the
stipulated period’
Y:esterday,V.’thepetitioner has filed the affidavit dated
‘I3he__relevant portion of which reads thus :
*fur’ther respectfuliy submit that I
un’dei7take to deposit the said amount as
2 ‘0 directed, within 15 (fifteen) days from today.
Therefore I prays that 15 days time may be
granted to me to deposit the said amount.”
M
The affidavit which is in the nature of undeftaiking
filed by the petitioner is taken on record and tljie
therein are recorded.
3. Having regard to the reasons assigned.
petitioner in the writ petition’, vre”deeni it eprtendll
the time to deposit as
directed by the Debt.’ it Tribunal,
Mumbai, up to 2009. It is
made clear will be granted
under péiéclcdrdingly, the following
order is made :
“petitniorieij _____ granted 15 days time from
‘”121.Vl’0_20QV9.tdl’de_posit the amount of Rs.l9.5O lakhs as
ordere’d’ Recovery Appellate Tribunal, Mumbai,
p faiiingux the appeal before the Debt Recovery
i4;p}§e’lla.te H Tribunal, Mamba}, stands dismissed and
M
consequently, the Appellate Tribunal is at
iibmjty to
proceed with confirmation of sake.
With the aforesaid observatigns, ‘Elf:
dismissed.
‘””””C1;ip7e:{Justic”e
*bk/ ~
:2’ “vv;-.i’~_: .p”etitiQr;_ is _