Kodavoor Salahaddin Saheb vs South India Bank
2022 Latest Caselaw 112 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF JANUARY, 2022

                        PRESENT

          THE HON'BLE MR. JUSTICE G. NARENDAR

                          AND

  THE HON'BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR

            WRIT APPEAL NO.1407/2021(GM-RES)

BETWEEN :

KODAVOOR SALAHADDIN SAHEB
KODAVOOR GAFOOR SAHEB
AGED 78 YEARS
PARTNER-M/S SAGAR FISHERIES,
FLAT No.503, SAFIA ENCLAVE,
BRAHMAGIRI CIRCLE
UDUPI - 576 103
KARNATAKA.
                                         ...APPELLANT

(BY SMT. DEEPTHI M.G., ADVOCATE FOR
SMT.VASUNDRA DEVI P, ADVOCATE -THROUGH V.C)

AND :

1.   SOUTH INDIA BANK
     THROUGH ITS AUTHORIZED OFFICER
     REGD. OFFICE: SIB HOUSE, TB ROAD,
     MISSION QUARTERS, THRISSUR
     KERALA-680 001
     REGIONAL OFFICE: SIB ARCADE,
     # 61, WHEELER ROAD, COX TOWN
     BANGALORE - 560 005.
     KARNATAKA.
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2.   M/S. SAGAR FISHERIES
     A PARTNERSHIP FIRM
     REPRESENTED BY ITS PARTNER
     SALAHADDIN SAHEB AND SAHID MASOOD
     DOOR NO.2-60/B14, GROUND FLOOR,
     PEECI INDUSTRIES, KALLAPU
     PERUMANNUR,
     MANGALORE
     DAKSHINA KANNADA
     KARNATAKA - 575 017.
     ALSO AT
     DOOR No.4-4-74/A3, ALFA TOWERS
     KINNIMULKY,
     UDUPI
     KARNATAKA - 576 101.

3.   SHAHID MASOOD
     S/O AZIMUR REHMAN
     PARTNER- M/S SAGAR FISHERIES
     FLAT No.804, MANDAVI COURT,
     COURT ROAD
     UDUPI-576 101.
     KARNATAKA.
                                     ...RESPONDENTS

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SETTING
ASIDE THE ORDER PASSED BY THE SINGLE JUDGE IN
W.P.No.22684/2021 DATED 10.12.2021 AND ALLOW THE
PRAYER MENTIONED IN THE WRIT PETITION AND ALSO
REQUESTING THIS HONORABLE COURT TO GRANT 6
MONTHS TIME TO REPAY THE LOAN AMOUNT.

    THIS APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, G. NARENDAR J, DELIVERED THE
FOLLOWING;
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                        JUDGMENT

Heard the learned counsel for the appellant.

2. Appellant is before this Court in the inter-Court appeal

being aggrieved by the conditional interim order, whereby the

learned Single Judge has been pleased to order interim stay

and thereby restrained the respondent/Bank from taking

physical possession of the property, subject property to the

petitioner depositing 10% of the amount demanded within 4

weeks and further 10% of the amount within next 2 weeks

and further 5% within 2 weeks thereafter.

3. Learned counsel for the appellant is unable to point out

any error. She would only submit that she requires six

months time. In the event, if the petitioner is willing to

comply, it was open for the appellant to approach the learned

Single Judge for extension of time. We do not find any error

in the discretion exercised by the learned Single Judge. The

learned counsel for the appellant at this stage would pray

that she may be permitted to withdraw the writ appeal with

liberty to approach the learned Single Judge and seek

extension of time to comply with the conditional interim

order.

4. Placing the submission made by her on record, the writ

appeal is disposed of as withdrawn and by reserving liberty to

the appellant to approach the learned Single Judge and seek

for extension of time to comply with the conditions imposed

while granting interim order. Appeal stands ordered

accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

SBS*