Disposed

Karnataka Gramin Bank v. B v Gurumurthy

DRT29 Aug 2023OA/1232/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an interlocutory application filed by Karnataka Gramin Bank seeking a temporary injunction to restrain defendants from alienating mortgaged agricultural property, pending disposal of the originating application for loan recovery.

What did the court decide?

Temporary injunction restraining respondents and agents from dealing with, disposing of, or creating third-party interests in the mortgaged schedule property.

Karnataka Gramin Bank versus B v Gurumurthy — Money Laundering | 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

I.A.No.375l2O23

O.A. No.1232l2023

BETWEEN:

Karnataka cramin Bank,

Head Office:

Bellary

Branch:

Thallak Branch,

Thallak, Challakere Taluk,

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Chitradurga Disttict-577 522

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Represented by its Branch Manager

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AND:

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PETITIONER/ APPLICANT BANK

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Sri B.V, Gurumurthy, S/o K.B. Vajranna, Aged about 60 years, Residing at Kodihalli Village, Challakeri Taluk, Chitradurga District

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Sri Thimmareaddy, S/o late Rudramuniyappa, Residing at Kodihalli Village, Challakeri Taluk, Chitradurga District

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Sri. Thippeswamy, S/o late Rudramuniyappa, Kodlhally Village, Challakeri Taluk, Chitradurga District

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RESPONDENTS/ DEFENDANTS

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1.A.No.375/2023 in o.A.No.723212023

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The present OA is filed by^{the Applicant Bank against} the Defendants for^{issuance of recovery certificate and other} reliefs for recovery of a total^{sum of Rs.32,19,516/- together} with further applicable rates of^{interest thereon,costs,} charges etc.

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The above Interlocutory^{Applicationis filed by the} Applicant Bank with affidavit of its^{BranchManager, Mr N.D.} Pavan Kumar Nekkanti,^{seekingto grant an ad interimorder} of temporary injunction,^{restrainingthe Defendants, their} agents or anybody claiming^{throughthem from alienating the} schedule^property or in any^{way creating encumbrance on the} schedule^{property,pending disposal of the abovesuit. In the} affidavit, inter atia, it is^{submitted that the ApplicantBank} noticed that the Defendants after^{availing the loans have} turned hostile to the interest^{of the Applicant Bank, failed to} repay the loan dues and^{were putting in effortsto make} unlawful^gain by alienating^{the mortgaged property in favour} of the third^parties. The Applicant^{Bankapprehendsthat if the} Defendants succeed in their attempt,^{it would be put to untold} hardship and irreparable injury.^{Hence, the ApplicantBank} has sought to allow the above LA. as^{prayed for.}

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t.A.No.37512023 in O.A.No.1232/2023

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It appears that the^{petitioner/Applicant} Bank has filecj the above I.A. on the premise that Defendants may alienate or dispose of in any way creating third-party interest on the mortgaged schedule property 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. By doing so, no prejudice, no harm and no loss will be caused to the Defendants. As the Applicant Bank has prima facie established the essential ingredients for granting ex pa rte ad interim order of injunction, I proceed to pass following:

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ORDER

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Defendants, their agents, representatives, assigns, etc., or any other person/s claiming under them 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 property, during the pendency of the OA.

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1.A.No.37512023 in O.A.No.723212023

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Issue summons^{on OA and notices on I'A' to} Defendants/Respondents by^{RPAD. Liberty is} granted to Defendants to apply^{beforethis Tribunal} for modification, variation^{or cancellation of this} order.

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SCHEDULE PROPERTY

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Item No.1: All that^{piece and parcel of agricultural property} bearing Sy.No.296lP5,^{measuring13 acres,situated at} Mannekote Village, Thalaku Hobli,^{ChallakereTaluk,} Chitradurga District, standing in the^{name of Gurumurthyand} bounded on:

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East by Land of Sulochanamma, West by Hirehally to Kodihally Road, North by Land of Shankarappa, South by Land of Mandi Thippaiah

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For steps/a^ppea ra nce/fu rth er^proceedings before the

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Registrar call on 15.11 .2023.

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h'u/ (rMTrAZ\ALr) PRESIDING OFFICER DRT-I, BENGALURU

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+ashr:

Karnataka Gramin Bank v. B v Gurumurthy

Case brief

What is this about?

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Karnataka Gramin Bank v. B v Gurumurthy

Case brief

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