Ms. Ashwini Shetty vs Canara Bank
2022 Latest Caselaw 12129 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 23RD DAY OF SEPTEMBER 2022

                        BEFORE

THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE

            REVIEW PETITION NO.167 OF 2022
                           IN
         WRIT PETITION NO.8555 OF 2017 (GM-DRT)


BETWEEN:


MS. ASHWINI SHETTY
WIFE OF MR. SUJITH SHETTY
AGED ABOUT 26 YEARS
R/AT NO.W-377, EAST MAIN ROAD
ANNA NAGAR, WEST EXTENSION
CHENNAI - 600 101
                                         ... PETITIONER

(BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
 SRI AJAY RAO, ADVOCATE)


AND:


1.     CANARA BANK
       A BODY CORPORATE
       CONSTITUTED UNDER
       THE BANKING COMPANIES
       (ACQUISITION AND TRANSFER
       OF UNDERTAKINGS) ACT, 1970
       HAVING ITS OFFICE AT: # 112
       J.C. ROAD
       BANGALORE-02
       AND ONE OF ITS BRANCH OFFICE
       AT NO.25
                            2




     SHANKARNARAYANA BUILDING
     M.G. ROAD
     BANGALORE-01
     REP. BY ITS SENIOR MANAGER
     MR. K. RAMACHANDRAN

2.   SSJV PROJECTS PRIVATE LIMITED
     (A COMPANY INCORPORATED
     UNDER THE COMPANIES ACT, 1956)
     HAVING ITS REGISTERED/
     CONTROLLING OFFICE
     AT 12TH FLOOR
     SN TOWERS, 25/2
     M.G. ROAD
     BANGALORE-560 001

3.   MR. MANOHAR SHETTY
     SON OF LATE NARAYANA SHETTY
     AGED ABOUT 54 YEARS
     RESIDING AT NO.861
     13TH MAIN
     3RD BLOCK
     KORAMANGALA
     BANGALORE-560 034

4.   MRS. HARINI SHETTY
     W/O MANOHAR SHETTY
     AGED ABOUT 50 YEARS
     RESIDING AT NO.861
     13TH MAIN
     3RD BLOCK
     KORAMANGALA
     BANGALORE-560 034

5.   M/S GHATAPRABHA AGRO FARMS
     PVT LTD
     (A COMPANY INCORPORATED
     UNDER THE COMPANIES ACT, 1956)
     PLOT NO.3892
     HMT HILLS
     2ND VENTURE
                             3



     OPP. JNTU COLLEGE
     KUKKATPALLY
     HYDERABAD-500 072

6.   M/S. MANDARAGIRI GREENFIELDS
     PVT LTD (A COMPANY INCORPORATED
     UNDER THE COMPANIES ACT, 1956)
     FLAT NO.102
     SRI RAMANA ENCLAVE
     MADHURA NAGAR
     S R NAGAR POST
     HYDERABAD-500 045

7.   M/S. DRONAGIRI FARMS PRIVATE LIMITED
     (A COMPANY INCORPORATED
      UNDER THE COMPANIES ACT, 1956)
     FLAT NO.303
     SRI RAMANA ENCLAVE
     MADHURA NAGAR
     S R NAGAR POST
     HYDERABAD-500 045

                                         ... RESPONDENTS



     THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER 47 RULE 1 OF CPC PRAYING TO REVIEW THE
JUDGMENT      AND   ORDER       DATED   31/01/2019    (AT
ANNEXURE-A)    PASSED     BY    THIS    COURT   IN   W.P.
NO. 8555/2017 (GM-DRT).


     THIS REVIEW PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
                             4




                           ORDER

Sri Jayakumar S. Patil, learned Senior Counsel for Sri Ajay Rao, learned counsel for the petitioner.

This petition has been filed seeking review of the

order dated 31.01.2019 passed in W.P.No.8555/2017.

2. After hearing learned Senior Counsel for the

petitioner, it is directed that the Trial Court shall deal

with the issue of maintainability of the suit filed by

the petitioner without being influenced by any of the

observations contained in the aforesaid order.

Accordingly, the review petition is disposed of.

Sd/-

ACTING CHIEF JUSTICE

bkv