Sri. N. Vijayakumar V. Canara Bank (Erstwhile Syndicate Bank) and Master Harsha and Sri. Chandra Mohan

WP/22942/2022

AI Insights

The case involves a writ petition filed by Sri. N. Vijayakumar against Canara Bank and others, challenging an order passed by the Debt Recovery Tribunal-1, Karnataka. The petitioner sought to call for records related to a recovery certificate and a sale proclamation under the Income Tax Act and the Recovery of Debts and Bankruptcy Act, 1993. The High Court of Karnataka, presided by Justice E.S. Indiresh, did not delve into the merits of the case but suggested that the petitioner has an efficacious remedy under the Recovery of Debts and Bankruptcy Act, 1993, and should approach the Competent Appellate Tribunal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 824251 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 15-12-2025
• Assessment Year: misc
• Laws Referred To: Constitution of India, Recovery of Debts and Bankruptcy Act, 1993, Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: T P MUTHANNA
• Assessee Lawyers: LEELADHAR
• Keywords: Bankruptcy; Debt Recovery; Limitation Act; Sale proclamation; Writ petition
• Section: 20; 14; 226; 227

Judgement Text

" - 1 - HC-KAR NC: 2025:KHC:53350 WP No. 22942 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22942 OF 2022 (GM-DRT) BETWEEN: SRI. N. VIJAYAKUMAR S/O NARAYANAPPA AGED ABOUT 42 YEARS, R/AT AREHALLI VILLAGE, MAYASANDRA POST, ATTIBELE HOBLI ANEKAL TALUK, BANGALORE DISTRICT - 562 107. …PETITIONER (BY SRI. LEELADHAR H.P, ADVOCATE) AND: 1. CANARA BANK (ERSTWHILE SYNDICATE BANK) ATTIBELE BRANCH BANGALORE DISTRICT - 562 107 REP. BY MANAGER. 2. MASTER HARSHA S/O VIJAYAKUMAR AGED ABOUT 19 YEARS, R/AT AREHALLI VILLAGE MAYASANDRA POST, ATTIBELE HOBLI ANEKAL TALUK, BANGALORE DISTRICT - 562 107. 3. SRI. CHANDRA MOHAN AGED ABOUT 43 YEARS, Printed from counselvise.com Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53350 WP No. 22942 of 2022 R/AT INCHAGANUR VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE DISTRICT - 562 107. …RESPONDENTS (BY SRI. T.P. MUTHANNA, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.A.NO.1371/2019 PASSED BY THE DEBT RECOVERY TRIBUNAL-1, KARNATAKA AT BANGALORE AND ALSO RECOVERY CERTIFICATE IN R.C.200/2022 INITIATED BY THE BANK AGAINST THE PETITIONER FOR NOTICE FOR SETTING THE SALE PROCLAMATION UNDER RULE 53 OF THE II SCHEDULED OF THE INCOME TAX ACT AND ALSO THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 05.04.2022 in O.A. No. 1371/2019 passed by the Debt Recovery Tribunal-1, Karnataka at Bangalore. Printed from counselvise.com - 3 - HC-KAR NC: 2025:KHC:53350 WP No. 22942 of 2022 2. Learned counsel representing respondents submitted that the petitioner is having an efficacious remedy under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993. In that view of the matter, without expressing any opinion on the merits of the case, as the learned counsel appearing for the petitioner submitted liberty be granted to the petitioner to approach the Competent Appellate Tribunal. It is also made clear that the period spent by the petitioner before this Court be condoned under Section 14 of the Limitation Act. 3. While, in the event the petitioner approaches the Appellate Tribunal, respondent-bank is directed not to take any precipitative action against the petitioner for a period of six weeks from the date of receipt of copy of this order. Accordingly, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE VS List No.: 1 Sl No.: 40 Printed from counselvise.com "