M/S Surabhi Chits Limited vs M/S Safe
2024 Latest Caselaw 5734 Kant

Karnataka High Court

M/S Surabhi Chits Limited vs M/S Safe on 23 February, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                                        -1-
                                                                     NC: 2024:KHC:7741
                                                                   WP No. 4579 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                                    BEFORE
                              THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                                 WRIT PETITION NO. 4579 OF 2024 (GM-CPC)

                      BETWEEN:

                      M/S. SURABHI CHITS LIMITED,
                      REG. UNDER COMAPANIES ACT 1956,
                      NO.5, 3rd FLOOR,
                      GAJENDRA TOWERS,
                      11th MAIN, 4th BLOCK,
                      JAYANAGAR, BANGALORE-560 011.
                      REPRESENTED BY ITS GPA HOLDER,
                      SRINIVASA RAO.
                                                                           ...PETITIONER
                      (BY SRI VIVEKANANDA T.P., ADVOCATE)

                      AND:

                      1.     M/S. SAFE,
                             A PROPRIETARY CONCERN,
                             REPRESENTED BY ITS PROPRIETRIX,
Digitally signed by
VANDANA S                    SMT. S. NARMADA,
Location: High               AGED ABOUT 62 YEARS,
Court of Karnataka
                             W/O. DR. T. N. CHANDRAKANTH,
                             NO.227/1, 14th CROSS,
                             C.M.H. ROAD, INDIRANAGAR,
                             BANGALORE - 560 038.

                      2.     SMT. S. NARAMADA,
                             AGED ABOUT 62 YEARS,
                             W/O. DR. T.N. CHANDRAKANTH,
                             RESIDING AT NO.13,
                             "SAI CHANDANA",
                             I CROSS, ESHWARI LAYOUT,
                             L.B.S. NAGAR, INDIRANAGAR II STAGE,
                             BANGALORE - 560 038.
                                                                        ...RESPONDENTS
                                   -2-
                                                  NC: 2024:KHC:7741
                                              WP No. 4579 of 2024




      THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE EXECUTING
COURT TO MAKE AN ENDEAVOUR TO GIVE EFFECT TO THE MONEY
DECREE AND COMPLETE THE EXECUTION PROCEEDINGS IN EX. NO.
1010/2016 PENDING BEFORE V ADDL. CITY CIVIL AND SESSION JUDGE
(CCH NO. 13) WITHIN A TIME BOUND MANNER BY TAKING NOTE OF THE
JUDGMENT OF THE HONBLE SUPREME COURT OF INDIA IN THE CASE
OF RAHUL S. SHAH Vs. JINENDRA KUMAR GANDHI REPORTED IN (2021)
6 SCC 418.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                               ORDER

The limited prayer of the petitioner - decree holder in the

present petition is for a direction to the Executing Court to dispose

of the execution proceedings which arise out of original

proceedings initiated in the year 2014 and since the delay in

conclusion of the proceedings is causing a great hardship to the

petitioner, he is before this Court by way of the present petition.

2. In view of the aforesaid facts and circumstances, the

Executing Court is directed to dispose of the Execution

Proceedings on or before 01.08.2024.

SD/-

JUDGE DHA