Mallappa Patil vs Dena Bank
2023 Latest Caselaw 71 Kant

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 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

             W.A. NO.6992 OF 2017 (S-RES)
                          IN
             W.P.No.52499 OF 2014 (S-RES)

BETWEEN:

MALLAPPA PATIL
AGED ABOUT 57 YEARS
S/O DEVAPPA PATIL
R/AT SAI RANGA NO.29
1ST CROSS, HMR LAYOUT MAIN ROAD
POOMAPURA, MATHIKERE
BANGALORE-560 054.
                                         ... APPELLANT
(BY MRS. REVATHY ADINATH NARDE, ADV.,)

AND:

1.     DENA BANK
       A BODY CONSTITUTED UNDER THE BANKING
       COMPANIES (ACQUISITION & TRANSFER OF
       UNDERTAKINGS) ACT, 1970
       REPRESENTED BY ITS CHIEF MANAGER
       (PERSONNEL) HUMAN RESOURCES MANAGEMENT
       DEPARTMENT, DENA CORPORATE CENTRE
       3RD FLOOR, PLOT NO.C-10,
       Q BLOCK BANDRA (EAST),
       MUMBAI-400 051.
                             2



2.   INDIAN'S BANKS' ASSOCIATION
     WORLD TRADE CENTRE COMPLEX,
     CENTRE-I, 6TH FLOOR,
     CUFFE PARADE
     MUMBAI-400 005
     REPRESENTED BY ITS CHAIRMAN.

3.   UNION OF INDIA
     BY ITS SECRETARY TO GOVERNMENT
     MINISTRY OF FINANCE
     DEPARTMENT OF FINANCIAL SERVICES
     BANKING DIVISION,
     JEEVAN DEEP BUILDING
     PARLIAMENT STREET,
     NEW DELHI-110 001.

                                         ... RESPONDENTS

(BY MR. T.P. MUTHANNA, ADV., FOR R1
    MR. PRADEEP S. SAWKAR, ADV., FOR R2
    MR. N. KUMAR, CGC FOR R3)
                         ---

     THIS   WRIT   APPEAL   IS   FILED   U/S   4   OF   THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

IMPUGNED ORDER DATED 31/8/2017 PASSED BY THE

LEARNED SINGLE JUDGE IN WP 52499/2014 [S-RES] AND

ALLOW THE WRIT APPEAL.


     THIS W.A. COMING ON FOR HEARING, THIS DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                         JUDGMENT

This appeal arises from an order dated

31.08.2017 passed by the learned Single Judge in

W.P.No.52499/2014.

2. When the matter was taken up today, learned

counsel for the parties jointly submit that the

controversy involved in this appeal is squarely covered

by judgment dated 29.11.2022 passed in

W.A.No.8134/2012.

3. In view of aforesaid submission and for the

reasons assigned in the judgment dated 29.11.2022

passed in W.A.No.8134/2012, this appeal is also

allowed on same terms and with similar directions.

Sd/-

JUDGE

Sd/-

JUDGE RV