Sri Rajesh Kumar Gupta v. The Debts Recovery Tribunal-I

HIGH COURT FOR THE S'I rso";,;i61E,35 l:h$f'*i Ar HYDERABAD FRIDAY, THE THIRTY FIRST DAY OF DECEI\,{BER rwo rHousAND AND rwer.rri6iE "

PRESENT THE HON'BLE SRI JUSTICE UJJAL BHUYAN rHE HoN,BLE "rr r0!?,". p.MADHAVI DEVI WR|T pETtTtON NO: 37464 OF 2021 Between:

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2. Sri Saniay Kumar Gupta..

.S^/o_ Late Sri Matadin Gupta, Age 4g years, OccBusiness Rio D.No.t4_o.l_+oo,-pirt'6ri'orri8"r.ro.++2, Agapura, Hyderabad. ...PETITIONERS AND

1. The Debts Recovery Tribunal-|, Represente Sjmi1in:iffi 6 ",.

o r o h ijt " iiti' "di;::fl ilX'" bql " I r'#,fl; #" Hll ' ill:?,!*'JH'ry,i:? tt:,:imited' Represented bv its Asst. cenerar rvranaser, ' Yi:,.T:',HB?*',,i":: T:,!::,,."1.fl:il"ilJlf,Bo#"fLi.,i?,,?rriJ"l._tii,'ififfi:fl ptot No.82, vber Nariman Ro;. *,ijiiii"gJ6,fi,

4. IM/s. Durga Agencies ,O.|9r{_l_ZS.O15/E, tnderbagh, Suttan Bazar,Hvderabad

095. Atso at -D.No.4_4-Q8qttn,--pre;6asti, ?S. Lane, Sulran 6aiar, opp Hanuman Vyayam Shala Lane, Hyaerana?'' ' ''

5. Sri Shiv Kumar Guota, S/o Late Sri t\Iatadin Gupta, D.No.14-1-400, part CIB euarter No.447, ngapura, nvaeiinaJ. '6dij o0i. " 6 Sri Rahur Kumar Gupta, s/o shivxumar Gupta, D.No.14-1-400, part crB euarter No.447, Agapura, Hyderabad. SOO OOt.

7. Sri Bhavesh Kumar Gupta, S/o Shiv Kumar Gupta, D.No.14_1_400, part CIB Quarter No.447, Agapura, Hyderabad. - SOO OOf. - B. M/s. Nava D^urga- Estates, D. No.4-3-72lT,Kandswamy Lane, Surtan Bazar, Hyderabad. 500 09S ...RESPONDENTS Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue appropriate writ or order or direction more particularly one in the form of writ of certiorari calling for the records in o.A.No. 11s of 2012 on the file of Respondent No.1 and quash and set-aside the order dated 18.1 1.2021 in O.A.No. 115 of 2012 on the file of Respondent No.1 against the writ petitioner by declaring that the order is against evidence on the record, Provisions and principles of law. lA NO: 2 OF 2021

CPC praying that in the circumstances stated in Petition under Section 1 51 petition, the High Court may be pleased to stay all the affidavit filed in support of the 5 oi 2012 on the file of Respondent No l pending further Proceedings in O A No 11 disposal of this Writ Petition'

Counsel for the Petitioners: SRI ARVIND KUMAR KATA counserf ortheRespondentNo2.:M/s'l=r-litrhttYti"T$3ffifiii*'t., Counsel for the Respondent Nos'1' 3 to 8: "

The Couft made the following: ORDER

TIONOURABLE SRI JUSTICE UJJAL BI{UYAN AND HONOURABLE SMT. JUSTICE P' MADHAVI DEVI w.P.No.374640F 2021 QBDE&. frn, g on'ble Sri Justice Uiiql Bhuvan) HeardMr.K.AlvindKumal,learnedcounselforthepetitioners' 2.

In this writ petition filed under Art\cle 226 of the Constitution oflndia, petitioners have assailed the legality and validity of the order dated 18.11.2021 passed by the Debts Recovery Tribunal-I' Hyderabad (Tribunal) in O'A'No'115 of 2012'

3.

Be it stated that respondent Nos'2 and 3 fiied a petition under Section 19 of the Recovery of Debts and Bankruptcy Act' 1993 (briefly, 'the Act' hereinafter) bef6re the Tribunal for recovery of a sum of Rs'5,09,94,923 55 with costs and interest against the petitioners and others The same was registered as O'A No' I 15 of 2012. Bythe impugned order dated i8'11'2021' O'A'No'115 of 2012 was allowed in the following terrns:

"ln the result' the present Original Application is allowed with costs as under:- the defendants No 1 to 8 are lointly and severally i) liable to PaY to applicant No 2 Ps with future a sum of interest @ Rs.5,09,94'923 55 20.35o/o p.a 'from the date of filing of the OA till the date of realization;

the applicant No.2 is entitled to proceed against ii) application 'A' schedule property towards realization of the debt;

the applicant No.2 is entitled to proceed against iii) person and properties of defendants No l to 8' inctuOing the assets of the deceased Smt Anjana NPJ D\\b

Gupta, if any, devolved upon Defendants No 2' 3 & 4; and tne appti"ant No 2 is entltled to the costs of the OA' iv) *ni"n inctude Advocate Fee as prevailing in the State The applicant No 2 is directed to file Cost t\/emo within 2 weeks from the date of receipt of this order' lssue Recovery Certificate accordingly'

Communicate a copy of this order to the parties concerned"

4.

Section 20 of the 1993 Act provides for filing of appeal to the Appellate Tribunai' As per sub-section (1)' any person' who is aggrieved by an order made by a Tribunai under the 1993 Act' may prefer an appeal to the jurisdictional Appellate Tribunal' Limitation for filing such appeal is provided in sub-section (3) which says that such an appeal should be ltled within a period of 30 days from the date on which copy of the order is received by the person aggrieved' As per the proviso, the Appellate Tribunal may enterlain an appeal after the expiry ofthe aforesaid period of30 days ifit is satished that there was sufficient cause for not filing the appeal within the limitation Period'

5.

We have carefully perused the averments in the supporting afflrdavit, but we do not find any pleading as to why petitioners have not availed the appellate remedy an<l instead have invoked the jurisdiction of this court under Article 226 of the Constitutlon of I India

6.

In the circumstances, petitioners are relegated to the forum of Appellate Tribunal under Section 20 of the 1993 Act. The period spent in pursuing this writ petition before this court shall be excluded while computing the lirnitation period in filing the appeal. Further, if the appeal is filed within a period of 30 days from today, the same shall be considered on its own merit by the Appellate Tribunal. 7 .

However, we have been informed that presently the Appellate Tribunal is not functional because of the absence of the regular Chairman. That being the position, we direct that for a period of 60 days from today, respondents shall not take any further steps pursuant to the order dated 18.11.2021 passed by the Tribunal' Beyond the aforesaid period, it will be entirely within the discretion of the Appellate Tribunal to pass such order as may be deemed fit and proper. However, if the appeal, as above, is not filed, respondents shall be at liberly to proceed in accordance with law. Subject to the above, writ petition is disposed of. 9.

Miscellaneous applications, if any pending, shall stand closed

10. No costs.

SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR t\-,, SECTION OFFICER I //TRUE COPY// to' , The Reqistrar, Debts Recovery frin^unglltful[o,1ity Constituted Under The Debts and Bankruptcy ntt rb'st' ii"{'enibomplex' Abids' Hyderabad' 2.TheAsst.GeneralManager'LakshmiVilasBankLimited'MainBranchatKoti' Hyderabad

3. One CC to SRl ARVIND KUMAR KATA, Advocate [OPUC] PEARL LAW ASSOCIATES, S.C for Lakshmi Vilas Bank 4- One CC to ttr'l/s'

Limited [OPUC]

5. Two CD CoPies'

6. One SPare CoPY rMP NPJ T\,\E

HIGH COURT DATED:31 11212021 iiE li;4 \

ORDER

31 Jn}{ 2022 I WP.No.37464 of 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9w