Karnataka High Court
Altum Credo Home Finance Pvt ... vs D.T.V.N. Prasad on 1 March, 2023
Bench: Chief Justice, Ashok S.Kinagi
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WA No. 237 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO. 237 OF 2023 (GM-RES)
BETWEEN:
1. ALTUM CREDO HOME FINANCE PVT. LIMITED
REGISTERED OFFICE AT NO 801
8TH FLOOR, DERON HEIGHTS,
OPP. MAHABALESHWAR HOTEL
BANER MAIN ROAD
ABOVE RANAKA JEWELLARY
BANER , PUNE, MAHARASHTRA 411045
BY ITS MANAGER
2. ALTUM CREDO HOME FINANCE PVT. LIMITED
Digitally signed (BRANCH OFFICE)
by R DEEPA
Location: High NO 451/1, 1ST AND 2ND FLOOR
Court of
Karnataka WEST OF CHORD ROAD, 2ND STAGE
MAHALAKSHMIPURAM
BBMP WARD NO 14, NAGAPURA
BANGALORE 560079
AUTHORISED OFFICER
SRI. RAJA MAGADALA
...APPELLANTS
(BY SRI. DESHPANDE AMIT ANAND., ADVOCATE)
AND:
1. D.T.V.N. PRASAD
S/O LATE CHANDRA RAO
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WA No. 237 of 2023
R A/T 114/10, ANJAPPA GARDEN
POST OFFICE ROAD, KOTHANUR
BANGALORE 560077
2. D S V CHANDRANAG
S/O SRI S D N PRASAD
R/AT NO 114/10, ANJAPPA GARDEN
POST OFFICE ROAD, KOTHANUR
BANGALORE 560077
...RESPONDENTS
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
WRIT APPEAL IN PART BY SETTING ASIDE THE IMPUGNED
ORDER DATED 23/01/2023, PASSED IN WP NO.1589/2023 BY
THE HON'BLE SINGLE JUDGE.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, DELIVERED THE
FOLLOWING:
JUDGMENT
The present appeal is filed challenging the order
passed by the learned Single Judge dated 23.012023 in
W.P.No.1589/2023.
2. The perusal of the copy placed on record of the
said order at page No.12, clearly shows that an interim
WA No. 237 of 2023
order of stay was passed by the learned Single Judge by
issuing emergent notice to the respondents.
3. Learned counsel appearing for the appellants
vehemently submitted that the petition ought not to have
entertained by the learned Single Judge and submits that
as the issue of maintainability itself is the key point,
ad-interim order passed by the learned Single Judge is
unsustainable.
4. We are unable to accept the submission of the
learned counsel for the simple reason that, at the cost of
repetition, we state that the order was passed by the
learned Single Judge by issuing an emergent notice, it was
purely an ad-interim order. The appellant could have
certainly caused an appearance before the learned Single
Judge and filed an application for vacation of the ad-
interim order and also could have raised the grounds in
statement of objections, but without undertaking these
exercises, the appeal is filed before this Court.
WA No. 237 of 2023
5. Learned counsel also made an attempt to draw
support from the judgment of the Hon'ble Apex Court in
the matter of SRI VARIMADUGU OBI REDDY VS. B.
SREENIVASULU & OTHERS reported in 2022 LiveLaw (SC)
967.
6. From perusal of the judgment of the Hon'ble
Apex Court, in our opinion, the judgment is of no help to
the appellants in the present appeal. As such, in our
opinion, the appeal is devoid of any merit and deserves to
be dismissed. Accordingly, the appeal is dismissed.
In view of dismissal of the writ appeal, pending IAs.,
if any, do not survive for consideration and are accordingly
disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SSB
