Amanath Co Operative Bank Ltd vs M/S Infocon International Ltd
2023 Latest Caselaw 64 Kant

                                           -1-
                                                    WA No. 1103 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 2ND DAY OF JANUARY, 2023
                                        PRESENT
                          THE HON'BLE MR JUSTICE ALOK ARADHE
                                          AND
                      THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                        WRIT APPEAL NO. 1103 OF 2021 (CS-DAS)
               BETWEEN:
               AMANATH CO-OPERATIVE BANK LTD
               (SCHEDULED BANK)
               NO.43, HOSPITAL ROAD
               BENGALURU - 560 001
               REPRESENTED BY ITS
               CHIEF EXECUTIVE OFFICER
               SRI VENUGOPAL
               AGED ABOUT 59 YEARS
               S/O D.H. RAO.
                                                            ...APPELLANT
Digitally
signed by B
A KRISHNA
               (BY SRI ABHINAV RAMANAND A., ADV.)
KUMAR
Location:      AND:
High Court
of Karnataka   1.   M/S INFOCON INTERNATIONAL LTD
                    NO.1985, S. COMPLEX
                    9TH MAIN, 26TH CROSS
                    BANASHANKARI 2ND STAGE
                    BENGALURU - 560 070
                    REPRESENTED BY ITS DIRECTOR
                    SMT. SHANTHALA MOHA.

               2.   THE ASSISTANT REGISTRAR
                    OF CO-OPERATIVE SOCIETIES
                    & RECOVERY OFFICER
                    AMANATH COOPERATIE
                    BENGALURU LTD., AMANATH
                    HOUSE NO.43, HOSPITAL ROAD
                    BENGALURU - 560 001.
                                                         ...RESPONDENTS
                                       -2-
                                                      WA No. 1103 of 2021




(BY SRI MURTHY DAYANAND NAIK, SR. COUNSEL FOR
    SRI JAYSHAM JAYASIMHA RAO, ADV., FOR R-1;
    SRI B. RAJENDRA PRASAD, HCGP FOR R-2)


     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATA KA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 17.09.2021
PASSED IN W.P. NO. 19573/2015 (CS-DAS) AND CONSEQUENTLY
DISMISS THE INTERLOCUTORY APPLICATION ( I.A.NO.1/2021)


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

                                 JUDGMENT

This intra court appeal is filed against an order dated

17.09.2021 passed by the learned Single Judge in

W.P.No.19573/2015 by which learned Single Judge has

permitted respondent No.1 to withdraw a sum of

Rs.1.40,00,000/- deposited by respondent No.1 in compliance

of the interim order of stay on 05.05.2015.

2. Learned counsel for the parties jointly submit that

the dispute between the parties with regard to recovery of

amount in question is pending adjudication in Appeal

No.133/2016 before the Karnataka Appellate Tribunal. It is

further submitted that amount which has been deposited by the

respondent No.1 in compliance of the interim order be made

subject to decision of the aforesaid appeal.

WA No. 1103 of 2021

3. In view of the aforesaid submission and in the facts

of the case, it is directed that the amount deposited by

respondent No.1 in compliance of the interim order passed on

05.05.2015 shall be kept in an interest bearing account by the

appellant and the same shall be subject to the outcome of the

Appeal No.133/2016 which is pending before the Karnataka

Appellate Tribunal between the parties.

4. To the aforesaid extent, order passed by the

learned Single Judge is modified. Accordingly, appeal is

disposed of. It is needless to state that it will be open for the

parties to raise all contentions in the appeal which is pending

before the Karnataka Appellate Tribunal.

Sd/-

JUDGE

Sd/-

JUDGE

NMS