_ 1 _
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE EST DAY OF SEPTEMBER 2010
BEFORE
THE HON'BLE MRJUSTICE AJIT J GUNJAL , V.
WRET PETITION NOS. 17787-88/2010 (G1\@:--'DI3{Ti"_}I..:: _
BETWEEN
1. M/S GLOBAL TIME SHOP
UUMACHICI BUILDING
KOPPKAR ROAD
HUBLI -- 580 020.
REP. BY ITS PARTNER _
sm. VENKATESH B... RAIBAG1;*--_ ''
2. SR}. VENKATESH R;--£éA1I3AC§-.1"; A
s/0 RANGANATH s. RAi_I~3A'_GIf
AGED ABOIJT38 YEA*"'R"-5; ' "
A:5§Lii{¢Acé%:1G17}3U1LDi1v'G
KOPPEKAR ' -
HUBLI '-- 580Vv0:?;0._ "
... PETITIONERS
V. EIBYV-'iéiu;.A1-RAV:sHA:\IK;sR ADV. FOR M/S LEX NEXUS ADVS.)
ENEI
M/ BANK OF COMMERCE
7 ' NEW COTTON MARKET BRANCH
I " " EILTEBLI #580 029.
... RESPONDENT
(Ev SR1 :PRASHANT N HEGDE. ADV.)
!k=|==IHI¢=|=
VVRIT PE'I'I'I'IONS ARE FILED UNDER
ARTICLES 226 OF THE CONSTI'I'U'}f'ION OF INDIA PRAYING
TO ASIDE THE ORDER PASSED BY THE DEBT
_ 2 _
RECOVERY TRIBUNAL, BANGALORE IN IA.NO.241/10, IN
OA.NO.3T5/09 DT.21.5.2010, PRODUCED AT ANNEXURE--
E, TO THE WP AND PASS SUCH OTHER ORDERS.
THESE WRIT PETITIONS ARE COMING 01$:
PRELIMINARY HEARING IN 'E' GROUP THIS__;"SAY,'_*--.T1'I*iE.
COURT MADE rm: FOLLOWING: ~ * _ '
ORDER
Respondent has filed application.’
O.A.NO.375/2009 seeking reefwerydt ofc»et?t:air;’dt’aedbts. A
The petitioners madezan oI’1H°1’6V.1.2010
seeking permission to The Debt
Recovery Tribiirgal’ rejected application on
21.5.2Q10_. it the said order, petitioner is
before tl1is_tCourt».S it
have “hea;–,r-d’the learned counsel appearing for
as well as the respondent.
perused the order passed by the Debt
“R_eepoveryA:Tribunal rejecting the application. Apparently.
tI_ie».I5ebt Recovery Tribunal has rejected the application
solely on the ground that the Apex Court in the case of
V UNION OF INDIA AND ANOTHER vs. DELHI HIGH
_ 3 i
COURT BAR ASSOCIATION AND OTHERS reported in
AIR 2002 so 1479 has ruled that the question_:”:’of
granting permission to the defendant to _
the plaintiffs and his witness does .not_aris’c,-;’ if, S if
4. Apparently, the petitioner
examine the Bank witness O
matter, which wouid relate loan
itself. V K ‘O
5. I am of.-the proceeding,
right to ‘t’oross{tcxamO ‘f_§ii1e”‘is”‘-a Iniistfand cannot be taken
away un’1ess4.co1npe’11ing«res Scans are forthcoming.
Having regard. toffthese facts, I am of the View
V. “that”S’ta{ppl’ieati.on filéefldmbvy the petitioner to cross-exarnine
:the._wit11.es.s “of respondent cannot be denied.
A both the counsel submit that the matter
xargued. set down for judgment on 15.9.2010.
Learned counsel appearing for the petitioner
, Submits that even before that date he would c
.. 4 _
examine the witness of the Bank and there wont be any
further arguments on merits. They would file
arguments and there won’t be any oral arguna_ents;«’ .
entire exercise shall be done on or before 9’3*’Séptemb’er, 0
2010.
9. Learned counsel appearing
submits that he woL1ii:ci~~..p’infodr”1″1Vf1’V* “for the
respondent–Bank to ivdpresent on a
specific date on datehe ~c.1foss–examine him
on or before€.9″‘ submit his written
arguInei3,_ts.._’i’hVed’r.espondent–:_Bank shall keep his witness
present ong:7″§ ‘.2010 on which date the
petitiojr1ertt.sha11V”cross examine the witness and file his
subinission on or before 93* September, 2010.
A-__10. .-~InL~:ieed for the inconvenience caused,
30″”‘~.__r’esppondent –Bank is entitled to cost. The cost is
A at Rs.7,500/– [Rupees Seven Thousand Five
»I:{.undred Only] payable by the petitioner to the
0’ respondent–Bank before they propose to cross–examine
the witness of the Bank. Parties shall not wait for :r
..5..
Certified copy of this order but shail act on .__the
directions issued.
Petitions stand disposed of accordingly, ‘ L.
SS*