Petitioners sought writs under Articles 226 and 227 directing CBI investigation and restraining banks from recovery proceedings in an alleged investment fraud case. The Court dismissed the petition for lack of material for investigation and held prayers against banks as infringing their recovery rights.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.1413 OF 2021 (GM-RES)
BETWEEN :
AGE 42 YEARS
RESIDENT OF PLOT NO.12
4TH CROSS, 3RD MAIN
GAYATHRI LAYOUT, KR PURAM
R/O E-7/5, D.R.D.O TOWNSHIP PHASE-1, C.V. RAMAN NAGAR
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RESIDENT OF KAMMINAYANAPALLI VILLAGE, NO.23/110, 8TH CROSS HKBK COLLEGE ROAD KOPPUSAMI LAYOUT NAGAVARA BANGALORE-560 045
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(BY SHRI. MUZAMIL MUSHTAQ SHAH, ADVOCATE)
AND :
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KORAMANGALA
BENGALURU
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ING VYSYA HOUSE MAHATMA GANDHI RD BENGALURU-560 001
(BY SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THAT THE MATTER TO BE INVESTIGATED BY CBI FOR SPEEDY AND PROPER INVESTIGATION KEEPING IN VIEW THE AMOUNT OF MONEY INVOLVED AND VIOLATIONS THEREOF AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard Mr. Muzamil Mushtaq Shah, learned Advocate for petitioners and Mr. M. Vinod Kumar, learned AGA for respondents - State.
said Banks and given the money to Mr. Stephen Jones. With the above facts, petitioners have presented this writ petition with following prayers:
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I.A. No.1/2021 does not survive for consideration and the
same is disposed of.
No costs.
Sd/JUDGE
SPS
2 issues framed by the court
Whether the Writ Court can direct the CBI to investigate the alleged fraud.
Whether the Court can grant an injunction against banks from initiating recovery proceedings or stopping EMI deductions.
1 provisions across 1 enactments
SUBRAMANI V
THE STATE OF KARNATAKA
THE COMMISSIONER OF POLICE
THE CENTRAL BUREAU OF INVESTIGATION
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
