Allowed

Karnataka Gramin Bank v. Sukanya

DRT29 Aug 2023OA/1234/2023

Case brief

AI extract

What is this about?

The Tribunal allowed an Interlocutory Application filed by the Applicant Bank seeking a temporary injunction to restrain respondents from alienating mortgaged schedule properties. The order was passed ex parte with liberty to the respondents to appear and contest.

What did the court decide?

The defendants and their representatives were restrained from dealing with, disposing of, selling, transfer-ring, alienating, encumbering, or parting with possession of the mortgaged schedule properti

Karnataka Gramin Bank versus Sukanya — 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: S]i IMTIAZ ALI

Presiding Officer

I.A.No,4a2l2O23

o.A. No.1234l2O23

BETWEEN:

Karnataka Gramin Bank, Head Office: Bellary

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Branch:

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Thallak Branch,

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Thallak, Challakere Talu k,

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Chitrad u rga Disttict- 577 522

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Represented by its Branch Manager

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ANDr

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PETITIONER/ APPLICANT BANK

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Smt. Sukanya,

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Wo^{late R.T.} Veerendra,

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Aged about 40 years,

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Residing at Valmikinagar,

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Challakeri Taluk,

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Chitradurga District-577 522

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Sri Nagendrappa, S/o Badaraddy, Residing at Valmikinagar, Challakeri Taluk, Chitradurga District

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Sri. Sanjay T, S/o Sri Thippeswamy T R, Residing at Thimmanahalli Village, Challakeri Taluk, Chitradurga District

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RESPONDENTS/ DEFENDANTS

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t.A.No.482/2023ⁱⁿ O.A.No.1234/2023

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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.35,09,683/- 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^{claimingthroughthem from alienating the} schedule^{propertiesor in any way creating encumbrance on} the schedule^{properties, pending disposalof the above suit' In} the affidavit, inter^{alia, it is submitted that the Applicant Bank} noticed that the^{Defendantsafter availingthe loans have} turned hostile to^{the interestof the Applicant Bank, failed to} repay the loan dues^{and were putting in efforts to make} unlawful^gain by^{alienatingthe mortgaged properties in favour} 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 ApplicantBank} has sought to allow the^{above I.A. as prayed for.}

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1.A.No.482l2023 in O.A.No.1234/2023

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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), 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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1.A.No.482/2023 in O.A.No.1234/2023

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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 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^{pieceand parcel of agriculturalproperties} bearing Sy.No.4O, measuring^{11 acres,37 guntas, situated at} Thimmanahally, Thalak^{Hobli, Challakere Taluk, Chitradurga} District, standing in the name of^{Sanjay T and bounded on:}

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East by Land of Sanjay, West by Sy.No.39, North by Sy.No.36, South by Sy.No.41

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Item No.2: All that^piece and^{parcel of agriculturalproperties} bearing Sy.No.4O, measuring 10^{acres, situated at} Thimmanahally, Thalak Hobli, Challakere^{Taluk, Chitradurga} District, standing in the name of Sanjay^{T and bounded on:}

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East by Land of Sanjay, West by Land of T Sanjay, North by Sy.No.75, South by Sy.No.41

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1.A.No.482/2023 in O.A.No.1234l2023

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For steps/a ppea ra nce/fu rther proceedings before the

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Registrar call on 15.11.2023.

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+ash+

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,0,,' lrurrAz au; PRESIDING OFFICER DRT_r, BENGALURU

Karnataka Gramin Bank v. Sukanya

Case brief

What is this about?

What did the court decide?

Karnataka Gramin Bank v. Sukanya

Case brief

What is this about?

What did the court decide?

What the court decided

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