Karnataka High Court

WP/15626/2020 of M/S PEEJAY INTERIORS PVT LTD Vs THE FEDERAL BANK LIMITED on 30 December 2020

HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF DECEMBER, 2020 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.15626/2020(GM-DRT) BETWEEN M/S PEEJAY INTERIORS PVT LTD, #1567, HSR LAYOUT SECTOR-1, NEAR DOMINOS PIZZA, AGARA SILK BOARD MAIN ROAD, BANGALORE-560034.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30[TH] DAY OF DECEMBER, 2020

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

-WRIT PETITION No.15626/2020(GMDRT)

BETWEEN

M/S PEEJAY INTERIORS PVT LTD, #1567, HSR LAYOUT SECTOR-1, NEAR DOMINOS PIZZA, AGARA SILK BOARD MAIN ROAD, BANGALORE-560034. KARNATAKA (REPRESENTED BY ITS DIRECTOR)

... PETITIONER

(BY SRI, A.V.AMARNATHAN, ADV.)

AND

THE FEDERAL BANK LIMITED, ASSET RECOVERY BRANCH, NO-4, 2[[ND]] CROSS, CSI COMPOUND, MISSION ROAD, BANGALORE-560027. (REPRESENTED BY ITS MANAGER)

NO-4, 2[[ND]] CROSS, CSI COMPOUND,

... RESPONDENT/S

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOCALL FOR THE RECORDS FROM THE DEBT RECOVERY TRIBUNAL BANGALORE IN MA NO.08/2020 AND SET ASIDE THE FURTHER ORDER OF CALLING FOR DEPOSIT FROM THE PETITIONER AND SET ASIDE THE ORDER

FOR DISMISSED FOR DEFAULT PASSED ON 16.12.2020 IN SA-DAIRY NO.2601/2018 DURING THE CORONA EPIDEMIC PERIOD.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petition is filed on a narrow compass of the direction of the Debts Recovery Tribunal, Bengaluru in M.A.No.8/2020 directing the petitioner to deposit Rs.10 lakhs on or before 05.01.2021 and further amounts of Rs.25 lakhs on 20.1.2021 and Rs.25 lakhs on or before 10.02.2021.

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2. Learned counsel appearing for petitioner pleads that due to the prevailing situation of COVID-19, petitioner is unable to pay the amount of Rs.10 lakhs that is directed to be deposited/paid on or before 05.01.2021.

3. Therefore, the direction insofar as the Debts Recovery Tribunal directing payment of Rs.10 lakhs on or before 05.01.2021 is extended to be paid on or before 20.1.2021 and the remaining amount of Rs.25 lakhs, as directed by the Debts Recovery Tribunal to be payable on or before 20.01.2021, is directed to be paid by the petitioner on or before 05.02.2021.

4. The remaining amount to be paid will be decided by the Debuts Recovery Tribunal when the matter is listed on 11.02.2021 for further consideration.

5. With the aforesaid observations, writ petition stands disposed.

Sd/- JUDGE

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