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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5TH DAY OF FEBRUARY 2013 BEFORE THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR W.P.NO.1545 OF 2013 (GM-DRT)
BETWEEN:
M/S. PRIYADARSHINI RESTAURANT RUNNING ITS HOTEL BUSINEES AT PREMISES BEARING NO.262 S.C. ROAD, BANGALORE-560 009 REPTD. BY ITS PARTNER SRI. A.L. RAKESH S/O. A.N. LAKSHMINARAYANA AGE 35 YEARS R/O. NO.6, 3RD MAIN ROAD SRIPURAM, KUMARA PARK(WEST) BANGALORE-560 020. …..PETITIONER
(BY SRI: RAVI B. NAIK, SR. ADV., FOR VINAY M. CHANDRASHEKAR)
AND:-
SRI. RAMAKRISHNA HOTELS AND ENTERPRISES PVT. LTD., A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT: # 262, RAMAKRISHNA LODGE, S.C.ROAD BANGALORE-560 009. REPTD. BY ITS DIRECTOR SRI. D. RAMACHANDRAPPA
M/S. RAMAKRISHNA LODGE A PARTNERSHIP FIRM HAVING
ITS OFFICE AT # 262 RAMAKRISHNA LODGE, S.C. ROAD BANGALORE-560 009 REPTD. BY ITS DIRECTOR
M/S. LAKSHMI VILAS BANK LTD., BVK IYENGAR ROAD BANGALORE-560 001 REPTD BY MANAGER
EDELWEIRS ASSET RECONTRUCTION COMPANY LIMITED EDELWEIRS HOUSE OEE CST ROAD, KALING MUMBAI-400 098 REPTD. BY ITS AMIT AGARWAL.
THE COMMISSIONER OF INCOME TAX BANGALORE-II C.R. BUILDINGS QUEENS ROAD BANGALORE-560 001.
THE INCOME-TAX OFFICER WARD 3(4) UNITY BUILDING ANNEXE MISSION ROAD BANGALORE-560 027.
THE TAX RECOVERY OFFICER RANGE-II UNITY BUILDING ANNEXE MISSION ROAD BANGALORE-560 027. …..RESPONDENTS
(BY SRI: VIKRAM TRIVEDI, ADV., FOR SHASHIKIRAN SHETTY, ADV., FOR R4 E.R. INDRAKUMAR & ASSTS., FOR R5-7) ------
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 20.12.2012 PASSED BY THE HON’BLE PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL IN IR NO.811/2012 VIDE ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR ORDES THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
In view of alternative and efficacious remedy of appeal under Section 18 of SURFAESI Act, 2002, this Court declines to entertain the writ petition. Accordingly, writ petition fails and the same stands dismissed with liberty to the petitioner to approach the Appellate Authority, if he so chooses, within four weeks.
Interim order granted by this Court shall continue for a period of one month.
Sd/- JUDGE *mn/-