NAVEED AHMED Vs. KARNATAKA BANK LTD

JUDGEMENT

(1.) The first respondent/Bank initiated proceedings against the petitioner and the second respondent before the Debt Recovery Tribunal, Bengaluru, (for short 'Tribunal'), in OA No. 1823/2014 under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, for recovery of its dues. Since the petitioner did not file the reply, the Tribunal by order dated 11.2.2016, allowed the OA under Order 8, Rule 10 of the Code of Civil Procedure (for short 'CPC') r/w. Rule 12 of the Debt Recovery Tribunal (Procedures) Rules, 1993, (for short 'the Rules'). The petitioner has called in question the legality and correctness of the said order in this writ petition.

(2.) Learned Counsel for the petitioner submits that due to certain unavoidable circumstances, the petitioner could not file the reply. He further submits that the Tribunal has not assigned any reasons for allowing the application.

(3.) Learned counsel for the first respondent submits that an alternative remedy of filing an appeal for challenging the order is available to the petitioner. Therefore, writ petition should not be entertained by this Court.