Disposed

Sri S Ramesha v. M/S Margadarsi Chits (K) Pvt. Ltd.

Karnataka HC2 Nov 2022WP/11386/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a writ petition filed under Article 227, granted the petitioners liberty to file an application before the executing court for recall of the impugned order attaching their property, pending consideration of objections based on Section 68(2) of the Chit Funds Act, 1982.

What did the court decide?

Liberty granted to petitioners to file application for recall of impugned order and to file objections based on Section 68(2) of the Chit Funds Act, 1982.

Sri S Ramesha Vs M/S Margadarsi Chits (K) Pvt. Ltd. — Execution and Attachment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF NOVEMBER 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.11386/2022 (GM-CPC)

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BETWEEN :

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SRI S RAMESHA S/O K S SATHYANARAYANA AGED ABOUT 56 YEARS,

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AVAILABLE AT C/O S.D.C.S.S.M.R.V. COLLEGE NO.17, 26^TH MAIN 36^TH CROSS 4^TH T BLOCK, JAYANAGAR BANGALORE-41.

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SMT P V KAVITHADEVI W/O S RAMESHA AGED ABOUT 48 YEARS, PETITIONERS 1 & 2 ARE R/AT NO.59, 4^TH CROSS, GOKULNAGAR DODDAKALLASANDRA KONANAKUNTE (P) BANGALORE -560062.

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... PETITIONERS

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(BY SRI. D. LAXMAN, ADVOCATE FOR SRI. RAGHU PRAKASH BABU D, ADVOCATE)

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AND :

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M/S MARGADARSI CHITS (K) PVT LTD INDIRANAGAR BRANCH, NO.25 2^ND FLOOR, C M H ROAD INDIRANAGAR

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BANGALORE -560038 REP BY ITS FOREMAN INDIRANAGAR BRANCH MANAGER SHRI CHANDRASHEAKRADU.

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SRI JAGANNATHA BABU NAIDU S/O P MUNIVENKATAPPA PROP M/S S J ENTERPRISES NEW BYE PASS ROAD KAMATHANUR CIRCLE KUPPAM, CHITTOR ANDHRAPRADESH - 517 425.

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SRI B M KADAIAH S/O M BOREGOWDA MANAGING DIRECTOR M/S BGS TRANSPORT NO.3, 1^ST CROSS CASHIER LAYOUT TAVAREKERE, BTM 1^ST STAGE BANGALORE-560081.

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SMT K KAMALA W/O B M KADAIAH PROP M/S GURU INDUSTRIES NO.3, 1^ST CROSS CASHIER LAYOUT TAVAREKERE, BTM 1^ST STAGE BANGALORE -560081.

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SRI D S SIDDARAJU S/O A SUDEGOWDA PROP M/S DIVYA NURSERY AND GARDENS HEELALIGE (V) CHANDAPURA (P) ANEKAL TALUK BANGALORE RURAL DISTRICT BANGALORE -560081.

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SRI K RAMACHANDRAIAH S/O KRISHNAIAH M/S SHREEVALLI CONSTRUCTIONS AND CASTINGS NO.3024 SHP NO.3

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14^TH CROSS, 5^TH MAIN, K R ROAD BANASHANKARI 2^ND STAGE BANGALORE -560070.

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... RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE COURT XXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BLORE DATED 24.02.2022 IN EX.CASE NO.1773/2010 BY ALLOWING THE ABOVE WRIT PETITION AS PER ANNEXURE-A PAGE 23; DIRECT THE HONBLE XXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE TO PROCEED IN THE ABOVE MATTER BY COMPLYING WITH SECTION 68(2) OF CHIT FUNDS ACT AND EXEMPT THE PETITIONERS FROM PAYMENT OF FURTHER DECREE AMOUNT BY ISSUING APPROPRIATE DIRECTION.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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This petition is by the fourth and fifth Judgment Debtors in Ex. No.1773/2010 on the file of the XXVII Additional City Civil and Sessions Judge, Bengaluru [for short, 'the executing Court' ]. The petitioner’s grievance

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with the executing Court’s impugned order dated 22.04.2022 whereby, the executing Court has ordered for attachment of the petitioners’ property.

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After being heard for some time, Sri. D Laxman, the learned counsel for the petitioners, submits that the petitioners may be granted liberty to move the application for recall of the impugned order because of the provision of Section 68[2] of the Chit Funds Act, 1982. Sri. D Laxman also submits that the petitioners have filed objections relying upon the aforesaid provision.

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This Court is of the considered opinion, subject to all just exceptions, the petition must be disposed of with liberty to the petitioners to file appropriate application before the executing Court for consideration of the petitioners' objections based on the provisions of Section 68 of the Chit Funds Act, 1982 and to recall the

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impugned order dated 24.02.2022 until such

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consideration.

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The petition stands disposed of accordingly.

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Sd/JUDGE

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AN/-

Sri S Ramesha v. M/S Margadarsi Chits (K) Pvt. Ltd.

Case brief

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Sri S Ramesha v. M/S Margadarsi Chits (K) Pvt. Ltd.

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