This is a dismissal of a writ petition filed by Bank of Baroda seeking directions to Karnataka Solar Power Development Corporation to deposit lease rent into beneficiaries' bank accounts. The Single Judge held the writ petition not maintainable for recovery of money.
The petition was dismissed with no costs.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.10539/2021 (GM-RES)
BETWEEN
BANK OF BARODA (ERSTWHILE VIJAYA BANK) A BODY CORPORATE CONSTITUTED BY AND UNDER THE BANKING COMPANIES (ACQUISITION & TRANSFER OF UNDERTAKINGS) ACT, 1970, HAVING HEAD OFFICE SITUATED AT BARODA BHAVAN, R C DUTT ROAD, ALKAPURI, VADODARA, GUJARATH STATE, CORPORATE OFFICE AT MUMBAI AND BRANCH OFFICE AT PAVAGADA, TUMKUR DISTRICT, KARNATAKA REPRESENTED BY ITS BRANCH MANAGER.
…PETITIONER
(BY SRI. NAGARAJ DAMODAR, ADV.)
AND
KARNATAKA SOLAR POWER DEVELOPMENT CORPORATION LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, 2013 AND HAVING ITS REGD. OFFICE AT BHARATH SCOUTS & GUIDES, OFFICE OF THE GUIDE WING, NO.39, “SHANTHIGRUHA”, PALACE ROAD, BENGALURU – 560 001.
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…RESPONDENT
AND ALSO AT 2ND FLOOR, SOUTH BLOCK – 2, BEEJARAJA SEEDS COMPLEX, HEBBAL, BELLARY ROAD, BENGALURU – 560 024, REP BY ITS CHIEF EXECUTIVE OFFICER.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT CORPORATION TO MAKE PAYMENT OF LEASE RENT IN RESPECT OF LANDS ALREADY MORTGAGED WITH THE PETITIONER BANK TO THE ACCOUNTS OF RESPECTIVE LAND OWNERS/BORROWERS EXISTING WITH THE PETITIONER BANK IN THE INTEREST OF JUSTICE AND EQUITY; (b) ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is a bank governed by the Government of India. Its case is, bank has given loan to various land owners to install the solar parks. The petitioner-bank has requested the respondent-Corporation to deposit the money in the savings bank accounts of the land owners and the respondents have not acceded to the said request. Hence, this writ petition.
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direction against respondent-Corporation to deposit the money payable to the beneficiaries into the bank. Thus, the bank is seeking recovery of money in writ proceedings.
The writ petition is not maintainable, accordingly, it is dismissed.
No costs.
Sd/JUDGE
HJ
1 issue framed by the court
Whether a bank is entitled to issue directions in writ proceedings to direct a respondent corporation to deposit lease rent into its accounts.
BANK OF BARODA
KARNATAKA SOLAR POWER DEVELOPMENT CORPORATION LIMITED
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
