M/S Ishankar Hospitality vs The Authorised Officer
2021 Latest Caselaw 6891 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 20TH DAY OF DECEMBER, 2021

                         BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

         WRIT PETITION NO.16682 OF 2021 (GM-RES)

BETWEEN:
M/S. ISHANKAR HOSPITALITY,
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS PLACE OF BUSINESS
AT WARD NO.26, SITE NO.21,
SY. NO. 30/6, WITH MK NO.3189
AND MK NO.3462/8141/8034,
SAGAR ROAD, NH-206,
SHIVAMOGGA - 577 204.

REPRESENTED BY ITS PARTNER,

DR. T.S. HEMANTH,
S/O T.V. SHIVASHANKARAPPA,
AGED ABOUT 48 YEARS,
RESIDING AT "HEMAKUNJA",
BASAVESHWARA STREET,
TARIKERE,
CHIKMAGALUR DISTRICT - 577 228.
                                             ...PETITIONER
(BY SRI. H. KANTHARAJ, SR. COUNSEL A/W SRI. RAVI H.K.,
ADVOCATE)

AND:

THE AUTHORISED OFFICER,
TUMKUR GRAIN MERCHANTS
CO-OPERATIVE BANK LTD.,
HAVING ITS ADMINISTRATIVE OFFICE AT
B.H. ROAD,
TUMKUR - 572 102.
                                          ...RESPONDENT
(BY SRI. K.V. LOKESH, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
POSSESSION NOTICE DTD. 20.10.2020 ISSUED BY THE
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RESPONDENT VIDE ANNX-N BY ISSUING A WRIT OF
CERTIORARI AND DECLARE THAT THE SEALING DOWN OF THE
SCHEDULED PROPERTY BY THE RESPONDENT BANK IS
ILLEGAL.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                           ORDER

This Court vide interim order dated 14.09.2021 had

granted some reprieve to the petitioner-debtor subject to

condition that he would deposit a certain amount by three

equalized installments each comprising Rupees One Crore.

Learned counsel for the petitioner submits that already the

first installment has been paid and this is not disputed by the

learned Senior Panel Counsel appearing for the respondent-

Bank.

2. Learned Senior Advocate Mr. H.Kantharaj appearing

for the petitioner pleads about some financial difficulty being

faced by the petitioner and therefore, as a last chance one

more extension be granted; although this is vehemently

opposed by the learned panel counsel for the Bank, this

Court sees some justification for granting such extension, the

bonafide already having been shown by the petitioner by

making payment of first installment; heavens would not fall

down if an extension of short period is granted; added, during

the extension period the interest as agreed would accrue.

3. There is yet another reason for granting the

reprieve as sought for; the learned Senior Advocate appearing

for the petitioner on instruction fairly submits that if

petitioner fails to pay the two installments as undertaken now

(the conversation between the Court and the petitioner's

counsel is recorded in the system) his client would at once

quit the premises and peaceably deliver the possession

thereof to the respondent Bank; he also agrees that if the

petitioner fails to do it, the bank can invoke the help of

jurisdictional police for removing him with force and that

police at the sight of this judgment shall extend their help for

this purpose.

In the above circumstances, writ petition is disposed off

granting the petitioner further extension of period till

20.01.2022, subject to what has been observed above.

Sd/-

JUDGE DS