SMT JAYANTI vs BHARATH CO-OPERATIVE BANK LTD on 29 October 2020

IN THE DEBTS RECOVERY TRIBUNAL-I, KARNATAKA

AT BENGALURU

Dated this the 29th day of October 2020

Present: Shri. K. Ravindran Nair

Hon'ble Presiding Officer

D.No.2450/2019

(I.R.No.a28612019)

BETWEEN:

Smt. Jayanthi @ M.S. Jayanthi,

Wo Shashidhara U. Poojary,

Aged about 40 years,

Residing at Door No.1-107/4,

Nati House, Narikombu Post,

Bantwal Taluk - 574 231-

AND:

L. The Bharat Co-operative Bank Limited, Hampanakatta, Mangalore - Rep. by its Asst. General Manager

2. The Deputy Commissioner &

District Magistrate,

Dakshina Kannada

Mangalore-575 001

3. The Tahsildar,

Bantwala,

Dakshina Kannada

Mangalore-575 001

Counsels on record/appeared for:

Applicant

Respondent No.1

: Smt. D. Kavitha of Ambika

: Sri H.R. Sunil Kumar

.. APPLICANT

RESPONDENTS

Respondents No.2 & 3: Formal parties

(r.R.No.4285/2019)

FINAT ORDER

1)

The Applicant has challenged possession notice dated LO.O2.2OL5 issued by the 1't Respondent Bank in LR.No.3041/2016 and the same came to be dismissed by this Tribunal on L7.12.20L6 on merit as well as due to delay in filing the appeal. Aggrieved by the order passed by this Tribunal, the Applicant approached the Hon'ble High Court of Karnataka in W.P.No.34603/2019 and the Hon'ble High Court vide order dated 26.08.2019 has disposed of the Writ Petition with liberty to the Petitioner to avail alternative remedy of an appeal under Section 18 of the SARFAESI Act.

In the order, the Hon'ble High Court has observed that in case the Petitioner files a petition before the Tribunal within a period of two weeks from the date of receipt of certified copy of the order, the Petitioner shall be entitled benefit of principles contained under Section 14

the

the

Limitation Act, 1963. The Petitioner instead of c the direction of the Hon'ble High Court the Writ Petition by filing appeal before to of disposing with Hon'ble

(1.R.No.4285/2019)

Recovery Appellate Tribunal, Chennai under Section 18 of the Act has preferred to come back to this Tribunal, which cannot entertain such appeal under Section 18. This Tribunal can only consider the appeal filed under Section l-7 of the SARFAESI Act and not under Section 18, which is required to be filed before the Hon'ble Debts Recovery Appellate Tribunal, Chennai. The Respondent Bank has filed its statement of objections setting out the factual position. In any case, as the appeal has been filed in a wrong forum, the same cannot be entertained. The D.No.2450l2019

(1.R.No.4286l2019) is, therefore, liable to be dismissed as not maintainable for the reasons stated supra and is thus dismissed. I, therefore, pass following: