High CourtsSingle Bench(2010) 12 KAR CK 0058

Inerlink Steels Pvt. Ltd. and Others vs The Assistant General Manager Corporation Bank J.C. Road Branch and The Assistant General Manger Corporation Bank Rajajinagar Branch

Karnataka High Court · Decided on 16 December 2010

HON’BLE JUDGES
Mohan Shantanagoudar, J
CASE NUMBER
Writ Petition No. 40720 of 2010

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Judgment

5 paragraphs · 315 words

Mohan Shantanagoudar, J.—Petitioners have sought for quashing of the order dated 8.12.2010 passed by the Debt Recovery Tribunal in SA. No. 787/2010, by which the Debt Recovery Tribunal has vacated the interim order granted by it.

2.

The records reveal that the Petitioners have approached the Debt Recovery Tribunal in SA. No. 787/2010 seeking certain relief. In the said matter, the Debt Recovery Tribunal has granted an order of stay, subject to the Petitioners depositing a sum of Rs. 30,00,000/- being 20% of the amount mentioned in the sale notice, on or before 7.12.2010. However, for certain reasons, the Petitioners could not deposit the said amount of Rs. 30,00,000/- with the bank. Petitioners seem to have obtained Demand Drafts for the said amount on 9.12.2010 as is clear from the documents at Annexure-D series. According to the Petitioners, though they went to the bank for depositing the said amount, the bank authorities did not accept the same. The said submission is controverted on behalf of the Respondent-bank by contending that the Petitioners have not approached the bank for paying the said amount.

3.

Be that as it may, this Court does not want to probe that aspect of the matter at this stage. The Demand Drafts dated for Rs. 30,00,000/- are handed over by the Petitioners'' counsel to the Respondents'' counsel in Court and same are accepted by the Respondents'' counsel. Since the amount as directed by the Debt Recovery Tribunal are paid at least as of now, this Court proposes to take a lenient view in the matter. Accordingly, the following order is made:

4.

The interim order grated by the Debt Recovery Tribunal on 23.11.2010 will continue to operate till the disposal of SA. No. 787/2010. The Debt Recovery Tribunal shall decide SA. No. 787/2010, at an early date depending on the seniority of the cases.

5.

Writ petition is disposed of accordingly.