Disposed

M/S Gm Infinite Dwelling India Pvt. Ltd. v. the Special Tahsildar

Karnataka HC4 Feb 2021WP/1416/2021

Case brief

AI extract

What is this about?

Special Tahasildar attached petitioner's premises due to a dispute with a homebuyer. Petitioner undertook to pay the balance amount with interest. Court suspended the attachment order pending payment of the balance by April 28, 2021, and directed immediate release of the sealed premises.

What did the court decide?

Order of attachment dated 18.11.2020 suspended till 05.05.2021; premises to be unlocked immediately if amount paid by 28.04.2021.

M/S Gm Infinite Dwelling India Pvt. Ltd. Vs the Special… — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.1416 OF 2021 (GM-RES)

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BETWEEN :

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M/S. GM INFINITE DWELLING INDIA PVT LTD HAVING REGISTERED OFFICE AT NO.6 GM PEARL, BTM LAYOUT 1^ST STAGE, 1^ST PHASE BANGALORE-560 068 REPRESENTED BY ITS MANAGING DIRECTOR MR.GULAM MUSTAFA …PETITIONER

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(BY SMT. RAMA R. IYER, ADVOCATE)

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AND :

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THE SPECIAL TAHSILDAR BANGALORE SOUTH TALUK KANDAYA BHAVAN K.G.ROAD BANGALORE-560 009

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MRS. SUJATHA NAYAK W/O MR. ABHIRAM NAYAK AGEDA BOUT 36 YEARS R/AT NO.208, 1^ST BLOCK JANAPRIYA NIVAS CHIKKABANAVARA POST BANGALORE-560 090 ... RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1; SHRI. B. KESHAVA MURTHY, ADVOCATE FOR C/R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF ATTACHMENT PRODUCED AS ANNEXURE-A DATED 18.11.2020 PASSED BY RESPONDENT NO.1.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned AGA accepts notice for respondent No.1.

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Heard Smt Rama R.Iyer, learned advocate for the petitioner, Smt. Niloufer Akbar, learned AGA for the State and Shri B.Keshava Murthy, learned advocate for respondent No.2.

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Respondent No.2 initiated proceedings against petitioner before Real Estate Regulatory Authority, Bengaluru ("RERA" for short). The said authority, vide order dated 20.03.2019, has directed petitioner to pay a sum of Rs.36,50,000/- with interest at 10.75%. Petitioner did not pay the said amount. Accordingly, Attachment Order has been passed by the Special Tahasildar, Bengaluru South on 18.11.2020 (Annexure-A). Petitioner has challenged the same in this writ petition.

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On the last date of hearing, petitioner undertook to pay a sum of Rs.10,00,000/- to respondent No.2 and to file an affidavit undertaking to pay the balance amount. Accordingly, petitioner has paid the said sum of Rs.10,00,000/- to respondent No.2 by

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two Demand Drafts bearing No.557151 and 557152 dated 03.02.2021 and filed an affidavit.

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Shri Keshava Murthy, learned advocate for respondent No.2 acknowledges the receipt of the said Demand Drafts.

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The affidavit dated 03.02.2021 signed by Shri Gulam Mustafa, Managing Director of petitioner-Company reads as follows;

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" Affidavit

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I, Gulam Mustafa S/o Gulam Rasul, aged about 50 years the authorized representative of the Petitioner, M/s. GM Infinite Dwelling India Pvt Ltd having registered office at No.6, GM Pearl, 1^st Stage BTM layout, Bangalore-560 068 do hereby solemnly affirm and state on oath as follows:

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1. I state that I am the authorized representative of the Petitioner Company and I am aware of the facts of the case. Hence, I depose accordingly.

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2. I state that the Petitioner Company filed the above petition challenging the attachment order passed by the Respondent No.1 dated 18.11.2020 bearing No.MSC/Recovery/CR/195/19-20.

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3. That the above case has been filed on the ground that the Respondent No.1 has attached the wrong property and has also not followed the procedure while attaching the registered office of the Petitioner company.

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4. However, the Petitioner company due to preserve the good name and reputation it enjoys and the good will it has earned from many happy and satisfied homebuyers, on 29.01.2021 undertook before this Hon'be Court to pay a sum of Rs.42,77,780/- (Rupees Forty Two Lakh Seventy Seven Thousand Seven Hundred and Eighty Only) to the Respondent No.2 and had also drawn DD for a sum of Rs.10,00,000/(Rupees Ten Lakhs Only) in favour of Secretary RERA which this Hon'ble Court directed to change in favour of the Second Respondent.

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5. That the Petitioner Company further undertook to pay the entire balance amount of Rs.32,77,780/- (Rupees ThirtyTwo Lakh Seventy Seven Thousand Seven Hundred and Eighty Only) on or before 28.04.2021 and this Hon'ble Court directed the Petitioner Company to file an undertaking to the effect and was pleased to stay the order passed by the Respondent No.1.

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6. I state that in compliance with the order dated 29.01.2021 the Petitioner Company has changed the DD for a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) in favour of the Respondent No.2.

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7. I state that the Petitioner Company hereby undertakes to pay the entire balance amount of Rs.32,77,780/- (Rupees Thirty-Two Lakh Seventy Seven Thousand Seven Hundred and Eighty Only) to the Respondent No.2 on or before 28.04.2021 in compliance with order passed by this Hon'ble Court.

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8. I state that the contents of this Affidavit are true to the best of my knowledge, information and belief".

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DEPONENT

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Date:03.02.2021

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Learned advocate for respondent No.2 is satisfied with the undertaking given by the petitioner in the affidavit and submitted that this writ petition may be disposed of.

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Learned AGA submitted that the attachment has not been raised. The Special Tahasildar, Bengaluru South, can do so only after obtaining appropriate order and after RERA authority passes necessary orders.

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Petitioner has undertaken before this Court to pay the balance amount on or before 28.04.2021 and learned advocate for respondent No.2 is satisfied. In the circumstances, in the opinion of this Court, the attachment order dated 18.11.2020 sealing petitioner's premises requires interference and hence, the following;

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ORDER

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(i) Petition disposed of recording petitioner's

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undertaking in the affidavit extracted supra;

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(ii) Order dated 18.11.2020 passed by the Special Tahasildar, Bengaluru South, vide Annexure-A shall remain suspended till 05.05.2021;

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(iii) If the amount mentioned in the affidavit is paid to respondent No.2 on or before 28.04.2021, no further action is required. Should there be noncompliance of the undertaking in the affidavit, order dated 18.11.2020 at Annexure-A shall automatically come into force; and

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(iv) Since, order dated 18.11.2020 (Annexure-A)is kept in abeyance, the Special Tahasildar, Bengaluru South, shall open the lock of petitioner's premises, immediately.

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Learned AGA is permitted to file memo of appearance

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within four weeks.

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Sd/JUDGE

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M/S Gm Infinite Dwelling India Pvt. Ltd. v. the Special Tahsildar

Case brief

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M/S Gm Infinite Dwelling India Pvt. Ltd. v. the Special Tahsildar

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