Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF MYSORE vs BASAVANNEPPA S.JIRLI & ANR (GADAG) on 26 August 2019
**IN THE DEBTS RECOVERY TRIBUNAL-II, KARNATAKA
AT BENGALURU**
Dated this the 26<sup>th</sup> day of August, 2019
Present:- Shri. K. RAVINDRAN NAIR
Hon'ble Presiding Officer
Incharge-DRT-II
**I.A. No. 1364/2019
(for appointment of Court Guardian)
IN
T.A.No. 2059/2017**
**BETWEEN:**
**State Bank of India**
Station Road Branch
Siddalingeshwara Complex
Station Road
Gadag-582 101
.....Petitioner/Applicant Bank
**AND :**
**1) Sri Basavanneppa Shiddappa Jirali**
S/o Siddappa
H.No.64/1, Bagewadi Village
Mundargi Taluk
Gadag District-582 101
**2) Sri Revanneppa Basappa Jirali**
S/o Basappa
Since deceased by his LRs.,
2(a). Smt.Savitrava -Wife of D2
2(b).Sri Laxman - Son of D2
2(c). Sri Chidanandappa - Son of D2
**2(d).Sri Revanappa - Son of D2**
Since deceased by his LRs.,
2d(1). Smt.Devamma - Wife of 2(d)
2d(2). Sri Hanumanthu - Son of 2(d)
2I.A.1364/2019 in
**2d(3).Master Yellappa, Minor – Son of 2(d)
2d(4).Kum.Gangamma, Minor – Daughter of 2(d)**
2(e).Sri Devanna – Son of D2
**All are r/at:**
Barewadi Village
Mundargi Taluk
Gadag District-582 101 ..... **Respondents/Defendants**
**EX-PARTE AD-INTERIM ORDER IN I.A.NO. 1364/2019
(for Appointment of Court Guardian)**
1. 1. The present Original Application came to be registered on the basis of jurisdictional transfer and renumbered as Transfer Application No.1364/2019 under Section 19 of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993, seeking recovery of an amount of Rs.15,98,401/- (Rupees fifteen lakh ninety-eight thousand four hundred and one only) from the defendants together with interest and cost.
2. 2. The above Interlocutory Application is filed by the petitioner/applicant to appoint court guardian for defendant No.2d(3)-Master Yellappa, S/o late Revanna and No.2d(4)-Kum.Gangamma, D/o late Revanna. One Kameshwar, Branch Manager of the Applicant bank submitted in the affidavit that defendant No.2d(3) and 2d(4) are the minors, aged about 17
3I.A.1364/2019 in
and 15 years respectively and even after service of summons they failed to appear through their natural guardian, hence, prays to appoint a court guardian to represent the defendant No.2d(3) and defendant No.2d(4). However, during the course of hearing on the above I.A., the Learned Counsel for applicant bank has requested to appoint one Sri M.A.Ganesh, Advocate, as Court Guardian for minor defendant No.2d(3) and 2d(4) to defend them in the above Application.
3. On perusal of the above IA and considering the request of the Learned Counsel for applicant bank, Sri M.A.Ganesh, Advocate is hereby appointed as Court Guardian to minor defendant No.2d(3) and 2d(4) of the above TA. Hence, I proceed to pass the following *ex parte ad interim* order:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
**ORDER**
4. **Sri.M.A.Ganesh**, Advocate, is hereby appointed as Court Guardian for minor defendant No.2d(3) and 2d(4) to defend them in the above Transfer Application on the following conditions:
4I.A.1364/2019 in
- a) The said Advocate should furnish his willingness and acceptance letter;
- b) On receipt of such letter, the Registry is directed to issue a Warrant of appointment in the name of the above Advocate/Court Guardian ;
- c) The applicant bank shall, subject to the above compliance, pay a sum of Rs.10,000/- as fee to the said Court Guardian, and
- d) Subject to the above, the Court Guardian will receive the warrant, execute the same and defend the said minor defendants.
5. Issue warrant in the name of the above mentioned Advocate/ Court guardian to do the above referred work.
6. Call on **27.01.2020** for written statement of Court Guardian.
**K.RAVINDRAN NAIR,** **Presiding Officer,** **Incharge-DRT-II, Bengaluru**
c/