Karnataka High Court
Smt Priyadarshini Iyer S V vs The Authorized Officer on 17 June, 2022
Bench: Chief Justice, Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT APPEAL NO.413 OF 2022 (GM-DRT)
BETWEEN:
SMT. PRIYADARSHINI IYER S V
AGED ABOUT 43 YEARS,
W/O SHRI SOUMYA ANURAG
RESIDING AT NO.1010, 7TH MAIN,
3RD STAGE, BEML LAYOUT,
BENGALURU-560098.
...APPELLANT
(BY SRI. K P BHUVAN, ADVOCATES)
AND:
THE AUTHORIZED OFFICER
THE BENGALURU CITY CO-OPERATIVE BANK LTD,
NO.3, 1ST FLOOR, PAMPAMAHAKAVI ROAD,
CHAMARAJPET, BENGALURU-560018.
....RESPONDENT
(BY SRI. LOKESH K V, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
SET ASIDE THE ORDERS PASSED BY THE LEARNED
SINGLE JUDGE IN WP No-9044/2022 DATED 28.04.2022
TO THE EXTENT IT HAS REFUSED TO GRANT A
MANDAMUS DIRECTING THE RESPONDENT/BANK TO RE-
-2-
DELIVER POSSESSION OF THE SCHEDULE PREMISES TO
THE APPELLANT.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant informs that
this court vide order dated 26.05.2022, had granted
the appellant an opportunity to deposit an amount of
Rs.25,00,000/- (Rupees Twenty Five Lakhs) within a
period of one week from the date of order. However,
she has not been able to deposit the same. In case
further time is granted, she will be depositing the said
amount.
2. It is to be noted that this court vide order
dated 12.05.2022, granted interim order subject to
the appellant depositing Rs.25 lakhs within a week
from the date of order and further observed that if the
appellant fails to deposit Rs.25 lakhs, the respondent
shall be at liberty to initiate auction proceedings at
the cost of the appellant. The appellant filed an
application seeking extension of time to deposit the
aforesaid amount by two weeks. This court vide order
dated 19.05.2022, extended one week time to deposit
the said amount. Again the appellant filed an
application in I.A.No.6/2022 seeking for further
extension of one week time to deposit the said
amount. This court vide order dated 26.05.2022, has
provided that one more opportunity is given to the
appellant to deposit the amount of Rs.25 lakhs within
a period of one week from today failing which, no
further time would be provided to the appellant to
deposit the said amount and the respondent would be
at liberty to initiate auction proceedings at the cost of
the appellant. Inspite of granting sufficient time to
the appellant, the appellant has failed to deposit the
amount.
3. In view of the above, we are of the
considered view that no further time can be granted
to the appellant to deposit the said amount. The
respondent shall, therefore, be at liberty to initiate
auction proceedings at the cost of the appellant, as
observed in the court order dated 26.05.2022.
4. With this observation, the writ appeal is
disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RD
