Karnataka Bank Ltd vs Smt H Shailaja Rao
2023 Latest Caselaw 1331 Kant

                                               -1-
                                                           WA No.960 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 15TH DAY OF FEBRUARY 2023
                                           PRESENT
                            THE HON'BLE MR. JUSTICE ALOK ARADHE
                                               AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
                             WRIT APPEAL NO.960 OF 2021 (GM-RES)
                   BETWEEN:
                   1.   KARNATAKA BANK LTD.,
                        ASSET RECOVERY MANAGEMENT BRANCH
                        FORMERLY AT NO.105
                        3RD FLOOR, MOHAN MANSION
                        KASTURBA ROAD, BENGALURU - 560 001.

                        PRESENTLY AT
Digitally signed        1ST FLOOR, FKCCI BUILDING
by RUPA V               KEMPEGOWDA ROAD
Location: High          BENGALURU - 560 009
Court of                REP. HEREIN BY ITS CHIEF MANAGER
Karnataka
                        AND AUTHORISED OFFICER
                        SRI. THIMMAYYA S. HEGDE.
                                                                ...APPELLANT
                   (BY SRI. SUJAY KUMAR H.S. ADV.,)
                   AND:
                   1.   SMT. H. SHAILAJA RAO
                        W/O H. NANJUNDA RAO
                        AGED 65 YEARS.

                   2.   SRI. H. NANJUNDA RAO
                        S/O H L NARAYANA RAO
                        AGED 69 YEARS
                        R/AT NO.2A, 598
                        SRI KRISHNA FORTUNE
                        11TH CROSS, 7TH MAIN
                        3RD PHASE, J P NAGAR
                        BENGALURU - 560 078.
                           -2-
                                      WA No.960 of 2021




3.   M/S. SRI. KRISHNA SHELTERS PVT LTD
     REPRESENTED BY ITS MANAGING DIRECTOR
     SRI. K.A. RAGHAVENDRA.

4.   SRI. RAGHAVENDRA K A
     S/O ASHWATHNARAYANA RAO
     AGED 58 YEARS.

5.   SMT. LAKSHMI T S
     AGED 49 YEARS
     W/O RAGHAVENDRA T S.

     NOS.3 TO 5 ARE
     R/AT NO.59, SRI KRISHNA SUDHA
     WEST ANJANEYA TEMPLE STREET
     OFF BASAVANAGUDI MAIN ROAD
     GANDHI BAZAAR, BENGALURU - 560 004.
                                           ...RESPONDENTS
(BY SRI. MAHADEVASWAMY D.M. ADV., FOR R1 & R2
         R3, R4 & R5 ARE SERVED)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
22.06.2021 PASSED BY THE HON BLE SINGLE JUDGE IN W.P.
NO.15100/2017 ( GM-RES). DISMISS THE WRIT PETITION
NO.15100/2017 (GM-RES) BEFORE THE HON BLE SINGLE
JUDGE & ETC.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:


                      JUDGMENT

This intra Court appeal has been filed against an

interim order dated 22.06.2021 passed by the learned

Single Judge by which the appellant has been directed

to place the names of the Officers who had sanctioned

WA No.960 of 2021

the loan as well as the names of the Officers who were

there when the respondent No.2 in the writ petition

committed a default. The learned Single Judge has also

directed the appellant to place the names of the Officers

who were functioning at the time when the loan was

declared non-performing asset (NPA).

2. Admittedly, the writ petition is pending before

the learned Single Judge. The aforesaid interim order

does not decide the rights of the parties. Therefore, we

do not find any ground to entertain the writ appeal.

In the result, the appeal fails and is hereby

dismissed.

Sd/-

JUDGE

Sd/-

JUDGE RV