Disposed

Karnataka Gramin Bank v. Bommaiah Alias Talkere Bommaiah

DRT29 Aug 2023OA/1235/2023

Case brief

AI extract

What is this about?

In an interlocutory application, the Tribunal granted a temporary injunction restraining the respondents from alienating, selling, or encumbering mortgaged schedule properties pending disposal of the main recovery proceedings, finding a prima facie case established by the applicant bank.

What did the court decide?

Temporary injunction restraining the Defendants from dealing with, disposing of, selling, transferring, alienating, or encumbering the mortgaged schedule properties during the pendency of the OA.

Karnataka Gramin Bank versus Bommaiah Alias Talkere Bommaiah — 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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PTESENt: Sri IMTIAZ ALI

presiding Officer

|.A,No.54712023

O.A, No.123sl2023

BETWEEN:

Karnataka cramin Bank,

Head Office:

Bellary

Branch:

Thallak Branch,

Thallak, Challakere Talu k,

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Chitradurga Oisttict- 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 Bommaiah alias Talkere Bommaiah, S/o Talkere Bommaiah, Aged about 75 years, Residing at Gowrasamudra Village, Thalak Hobli,

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Challakeri Taluk,

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Chitrad u rga District- 57 7 522

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Smt. Bommakka, W/o Bommaiah,

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Residing at Gowrasamudra Village, Thalak Hobli, Challakeri Taluk, Chitradurga District- 577 522

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Smt, Anandamma, W/o late N. Govindappa,

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Residing at Bandethimmalapura Village, Thalak Hobli, Challakeri Taluk, Chitradurga District-577 522

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1.A.No.54712023 in O.A.No.123sl2023

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Sri G. Pooianna, S/o late N. GovindaPPa, Residing at^Ba ndethim^mala Pu^ra Village, Thalak Hobli, Challakeri Taluk, ..

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Chitradurga Districl-s77⁵²²

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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 totalsum of Rs.34,39,681/- together} with further applicable^{rate of interest thereon,costs,charges} etc.

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The above Interlocutory^{Application is filed by the} Applicant Bank with^{affidavit of its BranchManager, Mr N.D.} Pavan Kumar Nekkanti, seeking^{to grant an ad interimorder} of temporary injunction,^{restraininqthe Defendants, their} agents or anybody claiming^{through them from alienating the} schedule^properties or in^{any way creating encumbrance on} the schedule^{properties, pending disposal of the above suit. In} the affidavit, inter alia, it^{is submitted that the Applicant Barrk} noticed that the Defendants after^{availingthe 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^{mortgagedproperties in favour} of the third^parties. The Applicant^{Bank apprehends that if the}

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1.A.No.54712023 in O.A.No.1235,,2023

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Defendants succeed in their attempt, it would be put to u!.rtc;.: hardship and irreparable injury. Hence, the Applicant Banl< 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 alier.iaye or dispose of in any way creating third-party interest on,.the mortgaged schedule propefties 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 causbd 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,

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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), tiHe, interest and claim of any nature whatsoever in any manner in respect of the

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1.A.No.5422023 in O.A.No.123sl2023

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mortgaged 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 before^{this Tribunal} for modification, variation^{or cancellation of this} order.

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SCHEDULE PROPERTIES

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Item No.l: All that^{piece and parcel of land bearingSy.} No.54, measuring 5^{acres,situated at Gowrasamudra Village,} Thalak Hobli, Challakere Taluk,^{Chitradurga District,and} bounded on:

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East by Land of Sy.No.55, West by Land of Sondekere Basanna, North by Land of Kallumaraiah, South by Government Land

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Item No.2: All that^{piece and parcel of land bearingSy.} No,55, measuring 5 acres,^{situated at Gowrasamudra Village,} Thalak Hobli, Challakere Taluk,^{Chitradurga District,and} bounded on:

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East by : Land of^{Kilari Maraiah,}

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West by : Land of SY.No.54,

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1.A.No.547/?023 i', O.A.No.1235/2orii

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North by : Land of Kilari Maraiah, South by : Government Land

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For steps/appea ra nce/further proceedings before the Registrar call on 15.11,2023.

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*ashr:

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\ j'i \ i"n' (rMrrAZArr) PRESIDING OFFICER DRT-I, BENGALURU

Karnataka Gramin Bank v. Bommaiah Alias Talkere Bommaiah

Case brief

What is this about?

What did the court decide?

Karnataka Gramin Bank v. Bommaiah Alias Talkere Bommaiah

Case brief

What is this about?

What did the court decide?

What the court decided

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