Tumkur Grain Merchants ... vs Ishankar Hospitality
2022 Latest Caselaw 12229 Kant

                              1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 29TH DAY OF SEPTEMBER 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                             AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

            W.A. NO.928 OF 2022 (GM-RES)
                         IN
           W.P. NO.16933 OF 2022 (GM-RES)

BETWEEN:

TUMKUR GRAIN MERCHANTS
CO-OPERATIVE BANK LTD.,
HAVING ITS ADMINISTRATIVE OFFICE
AT B H ROAD, TUMKUR-572102
REP. BY ITS AUTHORISED OFFICER
MR. RAJASHEKAR.
                                   ... APPELLANT
(BY MR. LOKESH K.V. ADV.,)

AND:

1.     ISHANKAR HOSPITALITY
       HEMA KUNJA
       BASAVESHWARA ROAD
       TARIKERE TOWN
       CHIKKAMAGALUR DISTRICT
       REP. BY ITS PARNTER
       SHRI. T.S. HEMANTH.

2.     DR. T.S. HEMANTH
       AGED ABOUT 49 YEARS
       SITE NO.21, SAGARA ROAD
                           2



     SHIVAMOGGA-577204.

3.   MR. SIDDALINGA TEJASVI K M
     S/O MALLIKARJUNA K B
     414, WARD NO.15, SHREERAMAPURAM
     K M BASAPPA ROAD, BIRURU (RURAL)
     CHIKKAMAGALUR, KARNATAKA-577116.

                                   ... RESPONDENTS
                        ---

     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 26/08/2022 AND SUBSEQUENT
EXTENSION OF INTERIM ORDER DATED 14/09/2022
PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION NO.16933/2022.    BY SETTING ASIDE THE
IMPUGNED    ORDER   DATED    26/08/2022   AND  THE
SUBSEQUENT EXTENSION OF INTERIM ORDERS DATED
13/09/2022 AND 14/09/2022 PASSED BY THE LEARNED
SINGLE JUDGE IN WP NO.16933/2022, THEREBY ALLOWING
THE APPELLANT BANK TO PROCEED WITH THEIR AUCTION
CONDUCTED ON 26/07/2022 AS PER STATEMENT OF
OBJECTION FILED BY THE APPELLANT VIDE ANNEXURE-R1
AND REMAND BACK THE MATTER TO LEARNED SINGLE
JUDGE    TO   HEAR   THE   WP    NO.16933/2022  ON
MAINTAINABILITY AND DISPOSE OFF THE SAME IN TIME
BOUND MANNER. GRANT ANY SUCH OTHER RELIEFS.

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

                       JUDGMENT

This appeal has been filed against an exparte

order dated 26.08.2022 passed by the learned Single

Judge.

2. In the facts and circumstances of the case

in our considered opinion instead of filing this intra

court appeal the appellant ought to have filed an

application for vacating the ad interim order passed

by learned Single Judge. Therefore, we are not

inclined to interfere with the order passed by learned

Single Judge at this stage. However, liberty is

reserved to the appellant to move an application

seeking vacation of the ad interim order, if so advised.

Accordingly, the appeal is disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS