Writ petition filed to quash orders rejecting applications for mandatory injunction to operate a safe locker and deposit cash. Petitioner argued inability to deposit Rs. 500/1000 notes due to demonetization. Court dismissed writ as relief sought was contrary to Government notification.
The writ petition was dismissed for reasons stated in the judgment.
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.
NC: 2023:KHC-D:13043 WP No. 103105 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 103105 OF 2017 (GM-CPC)
BETWEEN:
KAMALA @ KAMALAXI W/O. ANNADANI NAREGAL, AGED 60 YEARS, OCC: LANDLORD, R/O: 11TH WARD, TIRUMALA NAGAR, CHITTAWADGI, HOSAPETE, DISTRICT: BALLARI.
…PETITIONER
(BY SRI VISHWANATH HEGDE, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
SYNDICATE BANK HOSAPETE BRANCH, NEAR BUS STAND, HOSAPETE, DIST: BALLARI, REPRESENTED BY ITS BRANCH MANAGER.
…RESPONDENT
(BY SRI SURESH S. GUNDI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 16.03.2017 ISSUING NOTICE WITHOUT GRANTING EXPARTE MANDATORY INJUNCTION ON I.A. NO.III IN O.S.NO.80/2017 ON THE FILE OF PRINCIPAL CIVIL JUDGE AT HOSAPETE MARKED AT ANNEXURE-A; ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED:23.03.2017 ISSUING REJECTING PRAYER FOR MANDATORY INJUNCTION ON I.A. NO.II IN O.S.NO.80/2017 ON THE FILE OF PRINCIPAL CIVIL JUDGE AT HOSAPETE MARKED AT ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner claiming to be the wife of one Annadani Naregal, filed O.S.No.80/2017 before the Principal Civil Judge and JMFC, Hosapete, contending that her late husband had opened a safe locker account with the respondent Bank and had kept certain valuables in the same including cash and unfortunately he died on 12.03.2015 and that petitioner should be permitted to operate the said safe locker.
follows:
3. She also filed an application under Order XXXIX
Rules 1 and 2 of the Code of Civil Procedure, with the following prayer:
“For the reasons stated in the accompanying affidavit it is most respectfully prayed that temporary mandatory injunction be issued against the defendant to open the schedule mentioned safe locker account No.06 in defendant bank and defendant be directed to deposit Rs.1000/- and Rs.500/- denomination currency in Reserve Bank of India by 31st March 2017 in the name of plaintiff in the interest of justice.”
Court on the ground that the respondent Bank disputed the relationship of the petitioner with late Annadani Naregal, to operate the safe locker. Aggrieved by the same, the present petition is filed.
by this Court, it is submitted that the petitioner has taken out the cash amount from the locker, but she could not deposit the same in the bank as she was required to deposit Rs.500/- and Rs.1000/- denomination notes before
31.12.2016, as per Government of India notification and it
is prayed that she be permitted to deposit the same now.
Sd/JUDGE
gab/ct-mck List No.: 1 Sl No.: 41
1 issue framed by the court
Whether a petition is maintainable challenging the rejection of an application for a mandatory injunction when the relief sought involves depositing demonetized currency notes contrary to Government n
2 provisions across 2 enactments
Kamala @ Kamalaxi W/o Annadani Naregal
Syndicate Bank Hosapete Branch
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
