Karnataka High Court
Ramanna vs Sri Seetharaghava Souharda Sahakara ... on 28 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:8255
WP No. 24459 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.24459 OF 2022 (GM-RES)
BETWEEN:
1. RAMANNA
S/O LATE GOVINDAPPA
AGED 57 YEARS
2. LAKSHMAMMA
WIFE OF RAMANNA
AGED 47 YEARS
BOTH RESIDING AT
NO. 38, 1ST MAIN
RUSHIJESHNAGARA,
HOSAKEREHALLI VILLAGE,
BSK 3RD STAGE,
BANGALORE - 560085.
...PETITIONERS
Digitally signed
by NAGAVENI (BY SRI B.S.JAYANTH KRISHNA, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
AND:
SRI. SEETHARAGHAVA SOUHARDA
SAHAKARA BANK NIYAMITHA,
HAVING HEAD OFFICE AT
BUS STAND ROAD, HOSADURGA
CHITRADURGA DISTRICT - 577 527.
ALSO, HAVING BRANCH OFFICE AT
NO.27, DR RAJKUMAR ROAD,
6TH BLOCK, SSI INDUSTRIAL AREA,
-2-
NC: 2024:KHC:8255
WP No. 24459 of 2022
6TH BLOCK, RAJAJINAGAR,
BANGALORE - 560 010
REPRESENTED BY ITS CHIEF MANAGER
...RESPONDENT
(BY SRI MAHAMAD TAHIR. A., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA TO PRAYING TO SET ASIDE THE
ORDER DATED 19.01.2021 PASSED BY THE II ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE IN
CRL.MISC.NO.3877/2018 FILED U/S 14 OF THE
SECURITIZATION AND RECONSTRUCTION IF FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT,
2002 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking the
following prayer:
"a. Issue a writ of certiorari or any other
appropriate writ order or direction to set
aside the Order dated 19.01.2021 passed by
the II Additional Chief Metropolitan
Magistrate in Crl. Misc. No.3877/2018 filed
under Section 14 of the Securitization and
Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002
vide Annexure-A.
b. Issue a writ of mandamus or any other
appropriate writ order or direction and
directing the Respondent Bank to hand over
possession of the schedule property to the
Petitioners.
NC: 2024:KHC:8255
c. Issue such other appropriate directions as
this Hon'ble Court deems fit to grant in the
interest of justice and equity, including the
award of costs of this Writ Petition."
2. The petition was entertained and the interest
of the petitioners was protected by passing sleeve of
orders. This Court on 06.12.2022 had passed the following
order:
"Issue emergent notice to the respondent.
Office objections to be complied with forthwith.
Heard the learned counsel appearing for petitioners.
Learned counsel for petitioners would seek to
impress upon this Court that the proceedings are
pending before the DRT and are at the stage of
pronouncement of judgment and at that time the Bank
has forcibly taken possession of the property. Be that
as it may.
The due according to the proceedings appear to be
at Rs.24 lakhs. Therefore, the petitioners shall deposit
20% of the amount sought to be in due with the Bank
within an outer limit of one week. In the event the
petitioner would deposit 20% of the amount in due, the
Bank shall consider redelivery of possession on the very
next day of such deposit.
NC: 2024:KHC:8255
Any deviation in deposit of the amount would entail
automatic vacation of the interim order."
3. The matter was then moved before this Court
as payment has not come over and again on 05.02.2024
this Court had passed the following order:
"List the matter on 28.02.2024.
Interim order granted earlier, is extended till the next
date of hearing, subject to the condition that the
petitioners would deposit Rs.10/- lakhs by the next date
of hearing, failing which, the interim order stands
vacated."
4. Learned counsel for the respondents submits
that the interim order has been complied with by the
petitioners and what remains is deposit of Rs.13,55,000/-
for the account to end in closure. Learned counsel would
submit that, if twelve weeks time is granted, he would do
the needful by closing the account on depositing of
Rs.13,55,000/- and other incidental charges, if any.
NC: 2024:KHC:8255
5. The submission is placed on record.
6. The petitioners are granted twelve weeks time
as sought for, for closing the account. In the event of
default, it is always open for the respondent-Bank to take
steps in accordance with law from the date of receipt of
copy of this order.
Accordingly, petition is disposed of.
In view of the disposal of the petition,
I.A.No.1/2023 does not survive for consideration and it is
disposed of.
Sd/-
JUDGE
PB
