Kotak Mahindra Bank Limited vs Mr. Santhosh Kumar Soni
2021 Latest Caselaw 1911 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF APRIL, 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

            CRIMINAL APPEAL NO.375 OF 2017

BETWEEN:

       KOTAK MAHINDRA BANK LIMITED
       (A LICENCED BANKING COMPANY),
       HAVING ITS OFFICES INTER ALIA AT:
       12 BKC, 3RD FLOOR, PLOT C-12,
       'G' BLOCK, BANDRA KURLA COMPLEX,
       BANDRA - EAST, MUMBAI - 400 051,
       MAHARASHTRA.

       AND ALSO AT:
       22, MAHATMA GANDHI ROAD,
       KOTAK HOUSE, NEAR TRINITY CIRCLE,
       BENGALURU - 560 001,
       KARNATAKA,
       REPRESENTED BY ITS DULY
       AUTHORIZED SIGNATORY,
       MR. ASHISH AGRAWAL (VICE PRESIDENT).
                                              ... APPELLANT
       (BY SRI PRADEEP NAYAK, ADV.)

AND:

1.     MR. SANTHOSH KUMAR SONI
       S/O. LATE HARICHANDRA SONI,
       AGED ABOUT 37 YEARS,
       RESIDING AT NO.11, HAYES ROAD,
       BENGALURU - 560 025,
       AND ALSO AT:
       AB ROAD, BADRWAS, SHIVPURI,
       MADHYA PRADESH - 473 551.
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2.   SKYLINE CONSTRUCTION AND
     HOUSING PVT. LTD.,
     (A COMPANY INCORPORATED UNDER THE
     COMPANIES ACT, 1956),
     NO.11, HAYES ROAD,
     BENGALURU - 560 025,
     KARNATAKA,
     REPRESENTED BY ITS DIRECTORS:
     MR. SANTHOSH KUMAR SONI,
     MR. DHIRAJ PRABHU AND
     MR. AVINASH PRABHU.

3.   MR. AVINASH PRABHU
     S/O. MR. PETER PRABHU,
     AGED: MAJOR,
     NO.11, HAYES ROAD,
     BENGLAURU - 560 025,
     KARNATAKA,
     AND ALSO AT 'KALMANE', NO.78,
     LAVELLE ROAD,
     BENGALURU - 560 001.

4.   MR. DHIRAJ PRABHU
     S/O. MR. PETER PRABHU,
     AGED: MAJOR,
     NO.11, HAYES ROAD,
     BENGALURU - 560 025,
     KARNATAKA,
     AND ALSO AT: 'KALMANE', NO.78,
     LAVELLE ROAD,
     BENGALURU - 560 001.
                                             ... RESPONDENTS
     (BY SRI B.A. BELLIAPPA, ADV., FOR R-1 TO 4)

                            ***
     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND
ORDER DATED 28-12-2016 PASSED BY THE LXII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN CRIMINAL
APPEAL NO.281 OF 2016, WHICH IS PRODUCED HEREWITH AT
ANNEXURE-A, AND ETC.
      THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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                          ORDER

Sri Pradeep Nayak, learned counsel for the

appellant, has filed a Memo seeking permission of the

Court to withdraw the appeal with liberty to revive the

appeal in the event the respondents fail to adhere to the

terms of settlement.

Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with liberty, as prayed for.

In view of the dismissal of the main appeal, I.A. No.1

of 2017 does not survive for consideration and

accordingly, it is also dismissed.

SD/-

JUDGE

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