VISHWANATH M. PAI Vs. CORPORATION BANK

JUDGEMENT

(1.) W.P. No. 12007 of 2018 has been filed by the petitioners to issue a Writ of certiorari to call for the records comprised in the order dtd. 20/12/2017 passed by the Debt Recovery Appellate Tribunal in RA(SA).No.135 of 2012 and to quash the same in as much as the impugned order is without consideration of the relevant material on record, appreciation of facts, beyond the powers of the Debt Recovery Appellate Tribunal and contrary to law. W.P. No. 12008 of 2018 has been filed by the petitioners to issue a Writ of certiorari to call for the records comprised in the possession notice dtd. 27/12/2011 issued by the 1st respondent Bank and to quash the same.

(2.) It is the case of the parties that the 2nd respondent entered into an Agreement dtd. 15/8/2006 with the owners of the land represented by the 3rd respondent for the purchase of undivided share of land where the 3rd respondent agreed to construct residential apartments known as "Banyan Tree" in terms of Joint Development Agreement dtd. 16/4/2005. The 2nd respondent also entered into an Agreement for Construction on 15/8/2006 with the 3rd respondent for construction of a flat, which is the subject matter of the dispute.

(3.) So far as the Writ Petition in W.P. No. 12008 of 2018 is concerned, the petitioners have challenged the possession notice dtd. 27/12/2011, which was already challenged by them before the Debts Recovery Tribunal, Karnataka at Bangalore, which is also the subject matter of the Writ Petition in W.P. No. 12007 of 2018. Therefore, the Writ Petition in W.P. No. 12008 of 2018 is liable to be dismissed.