During Lok Adalat proceedings for an RFA under Section 96 CPC, the concerned parties set the appeal. The court allowed the respondent bank to withdraw the deposited refund amount.
The respondent bank is permitted to withdraw the amount lying in deposit with the High Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
o23wRFANo.253!Q7
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HIGH COURT LEGAL SERVICES COMMITTEE, BANGALORE
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
BANGALORE
DATED THIS THE ST21 DAY OF AUGUST 2012
PRESENT
THE HON’BLE MRJUSTICE HGRAMESH
AND
SRI JWALAKU MAR, MEMBER
(CONCILIATORS)
RFANo2388/2O07 C/W
fLfAN4J2UQZ
(In Lok Adalat Nos52/2011 & 309/2012)
jNo282O
BETWEEN:
SHRI HOLAE3ASAPPA S. KHA\JATAGI
AGE: 55 YEARS, 0CC: BUSINESS. R/O NANDI UDYOG, 24 CROSS
PRASHANTH NAGAR, BANGALORE
R/O: NANDI UDYOG,24 pTh cpoSs PRASHANTH NAGAR, BANGALORE TH
PiN56001S /
(BY SRI L. RAJA FOR Al, SHIVARAJ P. MUDHOL FOR A2,.
2388O7JwjFANo.253;o7
AND:
m E PRESEND B S BR’Cri 1A SFR N0J97, 15T FLOOR, 6 BANGALORE56OO41 TH CROSS GANDHI NAGAR THE RATNAKAR BANK LTD.,
RESPONDENT
(BY SRI VARDHAMAN V. GUNJAL. ADVOCATE’)
RFA CITY CIVIL JUDGE, 2372OO7 THIS 96 PASSED IN OS. N05985/2000 ON THE FILE OF THE X ADDL, SUIT FOR RECOVERY OF MONEY. IS SECTION AGAINST JUDGMENT DECREEING THE UNDER THE CPC DECREE BANGALORE (CCH26), FILED OF AND DTD.
No427
BETWEEN:
A BANKING COM ANY REGISTERED UNDER AND AUTHORIZED SIGNATORY REPRESENTED BY ITS BRANCH MANAGER SRI MANOHAR Sb OFFICE AT KOLHAPUR, BRANCH AT DHARWAD PARISA MEGEANNAVAR THP RATNAKAR BANK INDIAN COMPANIES ACTr HAVING ITS HEAD TD
AND:
1 SRI HOLBASAPPA S KHAVATAGI AGE ABOUT 47 YEA.RS
7cwRFANo253
3
BOTH R/O NANDI UDYOG #24, VI CROSS, PRASHANT NAGAR BENGAL URU SEC 079
RESPONDEKT
(BY SRI 1. RAJU, ADVOCATE FOR RI & R2)
THIS RFA IS FIL ED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DTD 237 2007 PASSED IN 0 S NO 3985/2000 ON THE FILE OF THE X ADDL CITY CIVIL JUDGE, BANGALORE (CCH 26), DECREEING THE SUIT FOR RECOVERY OF MONEY THESE RFAs COMING ON FOR CONCILIATION BEFORE THE 10K ADALATH AFTER BEING REFERRED VIDE ORDER DATFD 0701 2011 HF FOLLOWING CONCILIATION ORDER S PASSED
earneo t nsel on both ,ides s bmrt t at he CS tt C 3d e tt ppII of R ip fft t th h lipt t ey fi the
RFA No.2388/07 C/w RFA No.253/07
-4-
Ltd.) be permitted to withdraw the said amount
which is lying in deposit with the High Court.
deposit with the High Court. entitled to withdraw the aforesaid amount lying in In view of the above, the respondent-Bank is
The appeals are settled in the above terms.
Sd!JUDGE
BNS
1 issue framed by the court
Whether the respondent bank can be permitted to withdraw the refundable amount deposited with the High Court.
Shri Holba Sappa S. Khavatagi
Ratnakar Bank Ltd.
H. G. Ramesh
J. Walaku Mar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
