Remanded

Karnataka Gramin Bank v. Hanumanthe Gowda

DRT29 Aug 2023OA/1231/2023

Case brief

AI extract

What is this about?

In OA No.123/2023, the Tribunal granted an ex parte ad-interim order restraining the respondent from alienating or encumbering specified agricultural mortgaged properties pending disposal, holding the applicant had prima facie established essential ingredients for the injunction.

What did the court decide?

Temporary injunction restraining the defendant from dealing with, disposing of, selling, transferring, alienating, encumbering, or creating third-party interest in the scheduled mortgaged properties.

Karnataka Gramin Bank versus Hanumanthe Gowda — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-I, KARNATAKA AT BENGALURU

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Dated this the 29th day of August 2023

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Present: Sri IMTIAZ ALI

Presiding Officer

LA.No.131/2023

O.A. No.123U2023

BETWEEN:

Karnataka cramin Bank, Head Office; Bellary

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Branch:

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Hudugur Branch,

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Hudugur, Gouribidanur Taluk, Chikkaballapur District-561 206 Represented by its Branch lYanager ,.

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PETITIONER/ APPLICANT BANK

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AND:

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Sri Hanumanthe Gowda, S/o late B.N. Hanumaiah, Aged about 60 years, Residing at Anugattanahalli Village, D Palya Hobli, Gouribidanuru Taluk, Chikkaballapura District

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.. RESPONDENT/ DEFENDANT

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EX PARTE AD INTERIM ORDER ON IA NO.131/2023

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The present OA is filed by the Applicant Bank against the Defendant for issuance of recovery certificate and other reliefs for recovery of a total sum of Rs.29,47,3t7/- together with further applicable rate of interest thereon, costs, charges etc.

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\ L t

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LA.No.131/2023 in o.A.No.1231/2023

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The above Interlocutory^{Application is filed by the} Applicant Bank with affidavit^{of its Branch Manager,Mr} Venkata rath naia h, seeking^{to grant an ad interim orderof} temporary injunction,^{restrainingthe Defendant, his agents or} anybody claiming through^{him from alienating the schedule} properties or in any way creating^{encumbrance on the} schedule^{properties, pendingdisposalof the above suit. In the} affidavit, interalia, it is^{submitted that the ApplicantBank} noticed that the Defendant^{afteravailingthe loanshas turned} hostile to the interest of the^{Applicant Bank, failed to repay} the loan dues and was^{puttingin effo rts to make unlawfulgain} by alienating the mortgaged^{properties in favour of the third} parties. The Applicant Bank apprehends that if the Defendant succeeds in his attempt, it^{would be put to untoldhardship} and irreparable injury. Hence,^{the Applicant Bankhas sought} to allow the above LA. as^{prayed for.}

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It appears that the Petitioner/Applicant^{Bank has filed} the above I.A, on the^premise that^{Defendantmay alienate or} dispose of in any way creating third-party^interest on^the mortgaged schedule^properties morefully described in^the schedule to the above I.A. Considering the^{huge amount of} O.A. involved in this case, and balance of convenience,^the present IA is to be allowed by keeping open the merits of the case and without^prejudice to the rights of both the^parties.

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1.A.No.131/2023 in O.A. No.1231/2023

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By doing so, no prejudice, no harm and no loss will be cause<i to the Defendant. As the Applicant Bank has prima facie established the essential ingredients for granting ex pafte ad interim order of injunction, I proceed to pass following:

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ORDER

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Defendant, his agents, representatives, ...

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assigns, etc., or any other person/s claiming under him are hereby restrained from dealing with, disposing of, selling, transferring, alienating, encumbering, parting with possession, creating third-party right(s), title, interest and claim of any nature whatsoever in any manner in respect of the mortgaged schedule properties, during the pendency of the OA.

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Issue summons on OA and notices on LA. to Defendant/Respondent by RpAD. Liberty is granted to Defendant to apply before this Tribunal for modification, variation or cancellation of this order.

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SCHEDULE PROPERTIES

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Item No.1: All that piece and parcel of agricultural land bearing Sy.No.24, measuring 2 acres, 39 guntas, situated at Anagattanahalli Village, Gouribidanur Taluk, and bounded on:

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1.A.No.131/2023 in o.A.No.1231/2023

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East by Betta, West by Kere, North by H M Rajappa,

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South by Lakshmaiah Land

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Item No.2: All that^piece and^parcel of agricultural^land bearing Sy.No.24, measuring 1acre,07^guntas, situated^at Anagattanahalli Village, Gouribidanur Taluk, and bounded^on:

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East by Betta Dari, West by Gangamma Land, North by Narayanappa Land, South by Gangadharappa

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Item No.3: All that^piece and^parcel of^{agricultural land} bearing Sy.No.2912, measuring^{17 guntas, situated at} Anagattanahalli Village, Gouribidanur^{Taluk, and bounded on:}

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East by Kondappa Land,

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West by Malakka, North by H. Narayanappa, South by H. Gangadharappa

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Item No.4: All that^piece and^parcel of^{agricultural land} bearing Sy.No.4U6, measuring 16^{guntas, situatedat} Anagattanahalli Village, Gouribidanur^{Taluk, and bounded on:}

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1.A.No.131/2023 in O.A.No.123U2023

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East by Gangappa Land, West by Road, North by Gangadharappa Land, South by Gangadharappa

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For steps/appeara nce/further proceedings, before the Registrar Court, call on 15.11.2O23.

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+aSh+

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vjb& (rMTrAZ Arr) PRESIDING OFFICER DRT.T, BENGALURU

Karnataka Gramin Bank v. Hanumanthe Gowda

Case brief

What is this about?

What did the court decide?

Karnataka Gramin Bank v. Hanumanthe Gowda

Case brief

What is this about?

What did the court decide?

What the court decided

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