Omega Biotech vs The Asst General Manager Bank Of ...
2022 Latest Caselaw 12195 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 27TH DAY OF SEPTEMBER, 2022

                          PRESENT

                THE HON'BLE MR. ALOK ARADHE
                    ACTING CHIEF JUSTICE

                             AND

        THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

            WRIT APPEAL NO.737/2022(GM-DRT)

BETWEEN:

OMEGA BIOTECH
REP BY PROPRIETOR
J.H. PRASANNA KUMAR
AGED 54 YEARS
NO.56, 3RD CROSS
KUMAR LAYOUT
TALAGHATTAPURA
KANAKAPURA ROAD
BANGALORE - 560 062
PRESENTLY RESIDING AT
B-006, AMITY HARMONY APTS
SHSHIDHARA LAYOUT
DWARAKA NAGAR
CHANNASANDRA
BANGALORE - 560 098.                            ...APPELLANT

(BY SRI J.H. PRASANNA KUMAR, PARTY-IN-PERSON)

AND:

1.     THE ASST. GENERAL MANAGER BANK
       OF INDIA, BANGALORE MAIN BRANCH
       NO.11, K.G. ROAD, BANGALORE - 560 009.

2.     THE AUTHORISED OFFICER
       BANK OF INDIA, BANGALORE MAIN
       BRANCH, NO.11, K.G. ROAD
       BANGALORE - 560 009.
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3.     THE CHIEF EXECUTIVE
       SUVARNA COOP BANK LTD.
       NO.62, SANJEEVAPPA LANE
       AVENUE ROAD
       BANGALORE - 560 002.

4.     SRI C.A. BOPAIAH
       (MAJOR) NO.36, RAGA NIVAS
       MEENAKSHI RESIDENTIAL LAYOUT
       KEMBATHAHALLI ROAD
       GOTTIGERE, BANNERGHATTA
       ROAD, BANGALORE - 560 083.

5.     SMT. HEMA M.T
       (MAJOR)
       NO.36, RAGA NIVAS
       MEENAKSHI RESIDENTIAL
       LAYOUT, KEMBATHAHALLI ROAD
       GOTTIGERE, BANNERGHATTA ROAD
       BANGALORE - 560 083.

6.     THE ASST. GENERAL MANAGER
       CENTRAL BANK OF INDIA
       BANGALOR CITY BRANCH
       SANTOSH COMPLEX, K.G. ROAD
       BANGALORE - 560 009.

7.     V. SHIVAPRAKASH
       (MAJOR) S/O VAJRAVELU S
       NO.311, H.N. NAYAK MAIN ROAD
       JAI MARUTHI NAGAR
       BANGALORE - 560 096.                 ...RESPONDENTS

       THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
ORDER OF THE SINGLE BENCH DATED 14/07/2022 PASSED ON IA-
2/22 IN WP 20487/2021.


       THIS APPEAL COMING ON FOR ORDERS ON ADMISSION
THIS    DAY,   ACTING    CHIEF    JUSTICE   DELIVERED   THE
FOLLOWING:
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                            JUDGMENT

This intra court appeal has been filed against the order

dated 14.07.2022 passed by the learned Single Judge, by

which IA-2/2022 seeking a direction to respondent nos.1 to 6

to deposit the original title deeds of the schedule property has

been rejected.

2. After arguing the matter to some extent, party in

person submits that he be granted liberty to move an

appropriate application before the learned Single Judge.

3. Needless to state that in case such an application is

filed, appropriate orders shall be passed on the said

application by the learned Single Judge.

4. With the aforesaid liberty, the appeal is disposed of.

SD/-

ACTING CHIEF JUSTICE

SD/-

JUDGE

KK