Karnataka High Court
M Muniraju vs Bank Of Baroda on 9 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
-1-
WA No.6914 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT APPEAL NO.6914 OF 2017 (S-RES)
BETWEEN:
1. M. MUNIRAJU
S/O MUNISHAMAPPA
AGED 56 YEARS
R/A NO.1588, 7TH MAIN ROAD
KENGERI SATELLITE TOWN
BENGAURU-560 060.
2. M G SRIDHAR
S/O M R GURUMURTHY
Digitally signed AGED ABOUT 59 YEARS
by RUPA V R/A APARTMENT NO.C-602
Location: High RAJLAKE VIEW PHASE-II
Court of
Karnataka RANKA COLONY ROAD
OPP. BANNERGHATTA ROAD
BTM LAYOUT II STAGE
BENGALURU-560 076.
3. SMT. UMA VAIDESHWAR
W/O VAIDESHWAR
AGED ABOUT 66 YEARS
R/A NO. B-301, MANTRI ELITE
APARTMENTS,
BANNERGHATTA ROAD
BENGALURU-56 076.
4. V. RAMASUBRAMANIAN
S/O LATE K VENKATESAN
AGED ABOUT 61 YEARS,
R/A NO. 162, 3RD CROSS
-2-
WA No.6914 of 2017
R R LAYOUT, 80 FEET BDA ROAD
VISVESVARAYA MARG
BANNERGHATTA
BENGALURU-560 076.
5. VINAY BHUSHAN BHAGAVATHY
S/O B K RAO
AGED ABOUT 60 YEARS
R/A NO. 32/345, II CROSS
BANASHANKARI LAYOUT
BATTARAHALLI,
VIJAYANAGAR P O
BENGALURU-560 049.
6. MRS. ANJUM BAKTHULA
W/O NARESH BAKTHULA
AGED ABOUT 62 YEARS
R/A NO. 225, EL-SHADDAI
OPP FATHIMA SCHOOL
KALYANAGAR POST
BENGALURU-560 043.
7. N C M MOHAN
S/O B V H PRASAD
AGED ABOUT 62 YEARS
R/AT FLAT NO. 103,
MAITRI LAYOUT
ROAD NO.6 OM RESIDENCY HOPE FARM CIRCLE
WHITEFIELD,
BENGALURU-560 066.
8. B. MANOHARAN
S/O P BHASKAR
AGED ABOUT 62 YEARS
R/A ASRAYA, NO. 224, F BLOCK
14TH MAIN ROAD, SAHAKARANAGAR
BANGALORE-560 092.
9. R. VENKATESAN
S/O RAMASUBRAMANIAN
AGED ABOUT 61 YEARS
R/AT NO.206, SKYLINE FOUNDATION
-3-
WA No.6914 of 2017
AGRA ROAD, BABUSAPALYA
BENGALURU-560 043.
10. C R JANAKI
W/O S. SRIVATSAM
AGED ABOUT 61 YEARS
R/A WD-001, SRIRAMSMRUTHI
ATTIBELE, SARJAPUR ROAD
BANGALORE RURAL DISTRICT-562 107.
11. GANNE KARNA PRASAD
S/O G.V. CHALAPATHI RAO
AGED ABOUT 59 YEARS
R/A NO.21, KRISHNAREDDY LANE
NANJAREDDY COLONY
BENGALURU-560017.
12. V. SURESH KUMAR
S/O K. VISHWANATHAN
AGED ABOUT 64 YEARS
R/A BLOCK NO.E-2, FLAT NO.504
WHITE HOUSE APARTMENTS
15TH CROSS, 6TH MAIN, R.T.NAGAR
BENGALURU-560032.
13. BANDARU RAMAKRISHNA RAO
S/O VENKATNARAYANA
AGED ABOUT 63 YEARS
R/A NO.504, 10TH "A" MAIN
4TH BLOCK, III STAGE
BASAVESHWARANAGAR
BENGALURU-560079.
14. B. KOUSHIK
S/O S. BHASKARAN
AGED ABOUT 61 YEARS
R/A SC 102, SRIRAMS SPANDANA
CHALLAGATTA, BENGALURU-560037.
...APPELLANTS
(BY SRI. K. SUBBA RAO, SR. COUNSEL FOR
SRI. K.R. GANESH RAO, ADV.,)
-4-
WA No.6914 of 2017
AND:
1. BANK OF BARODA
A BODY CONSTITUTED UNDER THE BANKING
COMPANIES (ACQUISITION & TRANSFER OF
UNDERTAKINGS) ACT, 1980
HAVING ITS HEAD OFFICE AT
HRM DEPARTMENT,
BARODA HOUSE
MANDVI, BARODA-390006
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER & MANAGING
DIRECTOR.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX
CENTRE-1, 6TH FLOOR,
CUFFE PARADE
MUMBAI-40005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT
MINISTRY OF FINANCE, DEPARTMENT OF
FINANCIAL SERVICES,
BANKING DIVISION
JEEVANDEEP BUILDING,
PARLIAMENT STREET
NEW DELHI-110001.
...RESPONDENTS
(BY SRI. PRADEEP S. SAWKAR, ADV., FOR R1
SRI. SHANTHI BHUSHAN, ASG FOR R3
V/O DTD:23.7.2018 NOTICE TO R2 IS HELD SUFFICIENT)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THESE WRIT APPEALS
AND SET ASIDE THE ORDER DATED 31/08/2017 PASSED BY
THE LEARNED SINGLE JUDGE IN WP NOS.29288-301/2015 [S-
-5-
WA No.6914 of 2017
RES] AND WP NOS.42786/2015 & 42787/2015 [S-RES] AND
CONSEQUENTLY ALLOW THE WRIT PETITION NOS.29288-
301/2015 [S-RES] AND 42786/2015 & 42787/2015 [S-RES],
WITH COSTS.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.K.Subba Rao, learned Senior counsel for the
appellant.
Mr.Pradeep S.Sawkar, learned counsel for the
respondent No.1.
This intra Court appeal arises out of an order
dated 31.08.2017 passed by the learned Single Judge in
W.P.Nos.29288-301/2015 and 42786-787/2015.
2. Learned counsel for the parties fairly submit
that the controversy involved in this appeal is squarely
covered by judgment dated 29.11.2022 passed by this
Court in W.A.No.8134/2012.
WA No.6914 of 2017
3. In view of aforesaid submission and for the
reasons assigned in the judgment dated 29.11.2022,
this appeal is also dismissed.
Consequently, the pending interlocutory
applications are also dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
