Allowed

Karnataka Gramin Bank v. Bommakka

DRT29 Aug 2023OA/1233/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ad interim injunction restraining respondents from alienating or encumbering mortgaged schedule properties pending disposal of an interim application filed by the applicant bank alleging loan defaults and hostile intent.

What did the court decide?

Restriction imposed on defendants and their agents to deal with, dispose of, sell, transfer, or encumber the mortgaged schedule properties.

Karnataka Gramin Bank versus Bommakka — Execution and Attachment | 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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PTCSCNI: Sri IMTIAZ ALI

presiding Officer

r.A.No.481/2o23

O.A. No.1233 /2023.

BETWEEN:

Karnataka Gramin Bank,

Head Office:

Bellary

Branch:

Thallak Branch,

Thallak, Challakere Taluk, Chitradurga District-S77 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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Smt. Bommakka,

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Wo late Dodda han u manthappa, Aged about 55 years, Residing at Mallasandra Village, Gowrasamudra post, Talak Hobli,

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Challakeri Taluk,

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Ch itradurga District_ 57 7 522

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Sri. Anjinappa H, S/o. Iate Doddahanumanthappa, Residing at Maltasandra Viltile, Gowrasamudra post. Talak Hobli, Challakeri Taluk, Chitradurga District_ 57 7 522

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Smt. Laxmidevi, W/o Eranna, Residing at Ba ndetim ma lapura Village, Gowrasamudra post, Thalak Hobli,

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1.A.No.481/2023 in o.A.No.1233/2023

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Challakeri Taluk, Chitradurga District-S77⁵²²

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Sri Eranna, S/o Obaiah, Residing at Ba ndetim^{malaPu ra} Village, Gowrasamudra^Post, Thalak Hobli, Challakeri Taluk, .. Chitradurga District-577⁵²²

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.. RESPONDENTS/ DEFENDANTS

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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'40'17'883/-together} with further^{applicablerate of interest thereon' costs'charges} etc.

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The above^{Interlocutory Application is filed by the} 2) 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 claimingthrough them from alienating the} schedule^{propertiesor in any way creating encumbrance on} the schedule^{properties, pending disposalof the above suit' In} theaffidavit,interalia,itissubmittedthattheApplicantBank noticed that^{the Defendantsafter availingthe loans have} turned^{hostile to the interest of the Applicant Bank' failed to} repay the^{loan dues and were puttingin efforts to make} unlawful^{gainby alienatingthe mortgaged properties in favour}

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LA.No.481/2023 in O.A.No.1233/2023

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of the third parties. The Applicant Bank apprehends that if the Defendants succeed in their attempt, it would be put to untold hardship and irreparable injury. Hence, the Applicant Bank has sought to allow the above I.A. as prayed for.

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It appears that the^{petitioner/Applicant} Bank has filed 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 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. 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 parte 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), tiile, interest and claim of any

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r.A.No.48u2023 in O.A.No.1233/2023

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nature whatsoever^{in any manner in respect of the} moftgaged schedule^{properties,during the} pendency of the OA.

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Issue summons on^{OA and notices on I.A. to} Defendants/Respondents^{by RPAD.Libertyis} granted to Defendants to apply^{beforethis 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 land bearingSy'} No.11/A2, measuring^{5 acres, situated at Mallasandra, Thallak} Hobli, Challakere^{Taluk, ChitradurgaDistrict,and bounded on:}

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East by Andhra Border, West by Land of KariYajja, North by Land of AnjinaPPa, South by Land of EkanthaPPa

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Item No.2: All^{that piece and parcel of land bearingSy'} No.104/P3, measuring^{3acres, 19 guntas, situatedat} Bandetimalapura^{Village,Thallak Hobli,ChallakereTaluk,} Chitradurga District,^{and bounded on:}

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East by : Land^{of MadaPPa,}

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West by : Land^{of Goddobaiah,}

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1.A.No.481/2023 in O.A.No.1233/2023

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North by : Land of Thippeswamy,

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South by : Land of Nagaraja

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For steps/appea ra nce/further proceedings before the

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Registrar call on 15.11.2023.

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aSh

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\rro" (IMTIAZ ALI) PRESIDING OFFICER DRT-I, BENGALURU

Karnataka Gramin Bank v. Bommakka

Case brief

What is this about?

What did the court decide?

Karnataka Gramin Bank v. Bommakka

Case brief

What is this about?

What did the court decide?

What the court decided

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