Debts Recovery Tribunals and Appellate Tribunals
KARNATAKA KAVERI EDUCATION AND CULTURAL SOCIEITY vs UNION BANK OF INDIA on 8 September 2026
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
M.A:30/2024
Karnataka Kaveri Education And Cultural Society Vs Union Bank Of India 08/09/2026
Learned Counsel for both sides are present.
This appeal is filed against the order dated 19.7.2024 passed by the Learned Presiding Officer, DRT-I, Karnataka at Bengaluru in IA No.1439 of 2020 in Unregistered Miscellaneous Application (UMA) Dy. No. 1633 of 2020 in Original Application No. 1806 of 2018.
IA No. 1439 of 2020 has been filed under Section 19(25) of the RDB Act, 1993 praying to condone the delay of 234 days in filing Unregistered Miscellaneous Application Dy. No. 1633 of 2020.
Unregistered Miscellaneous Application Dy. No. 1633 of 2020 has been filed for –
i) Setting aside the order dated 23.11.2019 passed in OA No. 1806 of 2018;
ii) Or, in the alternative, to set aside the final order dated 23.11.2019 passed in OA No. 1806 of 2018 in toto, restore OA No. 1806 of 2018, permit the Applicants to implead themselves in OA No. 1806 of 2018, and decide the case on merits.
The Learned Presiding Officer, DRT-I, Karnataka at Bengaluru dismissed IA No. 1439 of 2020. Aggrieved against this order, this appeal is filed.
The primary case of the Appellants is that Appellants are the unpaid vendors of the borrowers i.e., Respondents 2 and 3 in this appeal. Appellants are the owners of the properties concerned in the Original Application. Through an absolute sale deed dated 23.2.2015, Appellants sold the properties to Respondents 2 and 3. As per the terms of the sale deed, the sale consideration was Rs.13,63,00,000/-. Of these amounts, the amounts detailed in paragraphs (a) to (g) had been paid by the Respondents 2 and 3. Respondents 2 and 3 had not delivered the cheques detailed in paragraphs (h) and (i), the details of which are as follows:
(h) By cheque bearing No.000378, Rs.1,15,25,000/- (Rupees One Crore Fifteen Lakhs and Twenty-five thousand only) drawn on Standard Charted Bank, M.G. Road, Bangalore dated 23.2.2016 drawn in favour of Smt. R.K. Saraswathi.
(i) By cheque bearing No.000379, Rs.87,12,000/- (Rupees Eighty Seven Lakhs and Twelve Thousand only) drawn on Standard Chartered Bank, M.G. Road, Bangalore dated 23.2.2016 drawn in favour of KKECS, 1st Vendor herein.
These amounts are not paid till now. Therefore, Appellants filed OS No.5845 of 2015 before the Principal City Civil and Sessions Judge, Bengaluru and obtained an interim order against Defendants 1 and 2 in the OS restraining them from alienating the schedule property. In the said background, the aforesaid IA No.1439 of 2020 has been filed. Without considering the Petitioners right as unpaid vendor, the delay condonation application was dismissed.
This Tribunal found from the details of cheques given in paragraphs (h) and (i) that the cheques are dated 23.2.2016, whereas the absolute sale deed was executed on 23.2.2015. It is also informed by the Learned Counsel for the Appellants that the copy of the plaint filed in OS No.5845 of 2015 is not produced.
Therefore, post the matter on 14.10.2026 for producing copy of the plaint in OS No.5845 of 2015, and for continuation of the submissions.
Learned Counsel for the Appellants is also directed to verify and inform this Tribunal as to whether the disputed cheques had been put in for collection to the concerned Bank and the amount released or not. Sd/-
Chairperson