The Karnataka High Court disposed of a writ petition filed under Article 226 seeking refund of earnest money deposit with interest. The AGA accepted the suggestion to direct the respondent within four weeks.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.23386 OF 2021 (GM-RES)
BETWEEN:
M/S ALLWIN SCIENTIFICS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.F-113, CENTRAL CHAMBERS, 2ND MAIN, GANDHINAGAR, BENGALURU – 09. REPRESENTED BY ITS PARTNER MR. PUSHKIN SUD.
…PETITIONER
(BY SRI. SAMPATH A, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. B V KRISHNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND
2
3 TO REFUND THE EARNEST MONEY DEPOSIT OF RS.15,000/WITH INTEREST AT 12 PERCENT FROM THE DATE OF DEPOSIT I.E.,09.01.2019 TILL DATE OF REALIZATION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The short grievance of the petitioner is as to non-
refunding of Earnest Money Deposit with interest; learned AGA on request having accepted notice for the respondents, opposed the Writ Petition contending that the Writ Petition is structured as if it is a money suit and that petitioner has got an alternate & equally efficacious remedy and therefore, he should explore it; having so contented, now he agrees with the suggestion of this court that he should instruct the answering respondent to take a decision on the complaint of the petitioner within four weeks in terms of representation dated 22.7.2021, a copy whereof is at Annexure-B.
Writ Petition is disposed off, all contentions having been kept open.
Costs made easy.
Sd/JUDGE
cbc
1 issue framed by the court
Whether the petitioner is entitled to refund of Earnest Money Deposit with interest.
M/s Allwin Scientifics
State of Karnataka
The District TB Officer
The Commissioner
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court