Disposed

The Karnataka Bank Limited v. Bruhat Bengaluru Mahanagara Palike

Karnataka HC9 Sept 2022WP/2084/2022

Case brief

AI extract

What is this about?

This judgment summarily disposed of two connected writ petitions regarding the return of title deeds held by a bank and the deposit of an outstanding sum. The Court accepted the parties' agreement to deposit a specific amount with the City Civil Court within four weeks and disregarded further submissions.

What did the court decide?

Directed deposit of Rs. 57,42,461/- before City Civil Court within four weeks; both writ petitions disposed of with contentions kept open.

The Karnataka Bank Limited Vs Bruhat Bengaluru… — Banking and Recovery | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.2084 OF 2022 (LB-BMP) C/W WRIT PETITION NO.13535 OF 2021 (GM-RES)

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IN W.P.NO.2084 OF 2022:

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BETWEEN:

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THE KARNATAKA BANK LIMITED., A BANKING COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1913, HAVING ITS REGISTERED OFFICE AT MAHAVEERA CIRCLE, KANKANADY, MANGALURU-575 002 AND BRANCH OFFICE AT 963, 5A-C, BANASWADI OUTER RING ROAD, H.R.B.R. LAYOUT, BLOCK-I, KALYANA NAGAR, BENGALURU-560 043. REPRESENTED BY ITS SENIOR BRANCH MANAGER, SRI.SANJAY P.DESHPANDE.

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…PETITIONER

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(BY SRI. SRIRANGA S, SENIOR COUNSEL A/W SRI. ARIHANT R SUNGAY, ADVOCATE)

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AND:

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BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, N.R.SQUARE, BENGALURU-560 002. REPRESENTED BY ITS COMMISSIONER.

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THE ASSISTANT EXECUTIVE ENGIENEER BYATARAYANAPURA SUB-DIVISION, B.B.M.P, BENGALURU-560 024.

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SRI.S.MURALI, S/O SRI.K.N.SRINIVASA MURTHY, AGED ABOUT 30 YEARS, R/AT NO.13, 1^ST FLOOR, KARNATAKA LAYOUT, KURUBARAHALLI CIRCLE, BENGALURU-560 096.

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SMT.JYOTHI D, W/O LATE D.YOGESHWAR VARMA AGED ABOUT 50 YEARS, R/AT FLAT NO.A-326, 3^RD FLOOR, SVS PATEL’S CALLISTO APARTMENT, S.NO.13, TALACAUVERY LAYOUT, AMRUTHAHALLI, BYATRAYANAPURA, BENGLAURU-560 092.

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SRI.KARTHIKESHWAR VARMA D, S/O LATE D.YOGESHWAR VARMA, AGED ABOUT 28 YEARS, R/AT FLAT NO.A-326, 3^RD FLOOR, SVS PATEL’S CALLISTO APARTMENT, S.NO.13, TALACAUVERY LAYOUT, AMRUTHAHALLI, BYATRAYANAPURA, BENGALURU-560 092.

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SRI.MUKESHWAR VARAMA D, S/O LATE D.YOGESHWAR VARMA, AGED ABOUT 23 YEARS, R/AT FLAT NO.A-326, 3^RD FLOOR, SVS PATEL’S CALLISTO APARTMENT, S.NO.13, TALACAUVERY LAYOUT, AMRUTHAHALLI, BYATRAYANAPURA, BENGALURU-560 092.

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SRI.B.V. RAVIKUMAR S/O LATE B.K. VASUDEVA RAO, AGED ABOUT 62 YEARS, R/AT FLAT NO.301, VSPL CRESENT, THIRD FLOOR, RAILWAY PARCEL ROAD, NEST TO SHELL PETROL BUNK, YESTHWANPUR, BENGALURU-560 022.

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…RESPONDENTS (BY SRI.AMIT ANAND, ADVOCATE FOR R1 & R2; SRI.D.R.RAVISHANKAR, SENIOR COUNSEL

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A/W SIRI RAJASHEKAR, ADVOCATE FOR R3; SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R7; NOTICE NOT ORDERED IN R/O R4-R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE NOTICE BEARING DTD. 30.10.2021 ISSUED BY THE R-2 TO THE R-3 (ANNX-J) AND QUASH THE NOTICE BEARING DTD. 30.10.2021 ISSUED BY THE R-2 TO THE R-3 (ANNX-J) AND ETC.,

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IN W.P.NO.13535 OF 2021:

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BETWEEN:

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MR.S.MURALI, S/O SRI.K.N.SRINIVASA MURTHY, AGED 30 YEARS, R/AT NO.13, 1^ST FLOOR, KARNATAKA LAYOUT, KURUBARAHALLI CIRCLE, BENGALURU-560 096.

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…PETITIONER (BY SRI. D.R. RAVISHANKAR, SENIOR ADVCOATE A/W SIRI RAJASHEKAR, ADVOCATE)

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AND:

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M/S KARNATAKA BANK LIMITED., HAVING ITS REGISTERED OFFICE AT MAHAVEERA CIRCLE, KANKANADY, MANGALURU-575 002 AND ONE OF ITS BRANCHES CALLED “BANASAWADI BRANCH”, AT D. NO.963, 5-AC, BANASAWADI, OUTER RING ROAD, HRBR LAYOUT, BLOCK-I, KALYANA NAGAR, BANASWADI, BENGALURU-560 043. REPRESENTED BY ITS SENIOR BRANCH MANAGER.

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…RESPONDENTS

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(BY SRI.SRIRANGA S, SENIOR COUNSEL FOR SMT.SUMANA NAGANAND, ADVOCATE FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENT BANK TO RETURN ALL ORIGINAL TITLE DEEDS DOCUMENTS IN RESPECT OF SITE NO.65 AND 66 IN FAVOUR OF PETITIONER UPON CLOSURE OF LOAN ACCOUNT BY THE PETITIONER WITHIN TIME BOUND TO BE FRAMED BY THIS HONBLE COURT AND ETC.,

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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In both the Writ Petitions, the advocates appearing for the parties having made their vociferous submissions for long, now they agree with the suggestion of this court that the petitioner in W.P.No.13535/2021 shall deposit with the respondent-Bank a sum of Rs.57,42,461/- (Rupees Fifty Seven Lakh Forty Two Thousand Four Hundred Sixty One) only, and the bank which is holding the title deeds shall deposit the same before the City Civil Court, Bangalore in the pending O.S.No.7247/2019 within an outer limit of four weeks and that the said court shall keep the same in safe custody subject to outcome of the suit. The payment to be made is subject to working out the true values in terms of account statements.

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Ordered accordingly & both the Writ Petitions stand

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disposed off, all contentions having been kept open.

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Sd/-

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JUDGE

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cbc

The Karnataka Bank Limited v. Bruhat Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

The Karnataka Bank Limited v. Bruhat Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

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