Dismissed

M/S Sree Sreeivas Jewellers v. the National Co. Operative Bank Ltd.

Karnataka HC10 Oct 2023WP/11350/2023

Case brief

AI extract

What is this about?

The court heard a writ petition quashing an order staying recovery proceedings and restoring possession of immovable properties. The petitioner failed to deposit the required 10% installment as directed. The court dismissed the petition due to non-compliance.

What did the court decide?

Writ petition dismissed; all pending applications disposed of; no lenience shown for non-deposit of 10% installment.

M/S Sree Sreeivas Jewellers Vs the National Co… — Execution and Attachment | Karnataka HC (2023)

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NC: 2023:KHC:36774 WP No. 11350 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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WRIT PETITION NO.11350 OF 2023 (GM-RES)

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BETWEEN:

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M/S SREE SREEIVAS JEWELLERS REPRESENTED BY ITS PROPRIETOR, SRI G T SRINIVAS, HAVING OFFICE AT NO.998, 50 FEET ROAD, BSK 3RD STAGE 3RD PHASE 1ST BLOCK NEAR WATER TANK KATRIGUPPE BANGALORE-560085 AND ALSO AT M/S SREE SREENIVASA JEWELERS NO.37/1, NAGARTHPET MAIN ROAD BANGALORE-560002

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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M/S DELTA CROP SCIENCES PVT LTD HAVING OFFICE AT NO.99, 50 FEET ROAD, BSK III STAGE, 3RD PHASE, IST BLOCK, BANGALORE-560085 REPRESENTED BY ITS DIRECTROS REGISTERED UNDER THE COMPANIES ACT SRI G T SRINIVAS SRI G T GIRISH SRI G S ABHILASH SRI G S ABHISHEK

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2 - NC: 2023:KHC:36774 WP No. 11350 of 2023

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SRI G T SRINIVAS S/O LATE THIMEGOWDA AGED ABOUT 52 YEARS, R/AT NO.20/1, 4TH CROSS, N R COLONY BANGALORE-560019

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SRI ABHILASH G S S/O SRINIVAS G T R/AT NO.20/1, 4TH CROSS, N R COLONY BANGALORE-560019

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SRI ABHISHEK G S S/O SRINIVAS G T R/AT NO.20/1, 4TH CROSS, N R COLONY BANGALORE-560019

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SRI G T GIRISH S/O THIMMEGOWDA R/AT NO.11/1 4TH CROSS, N R COLONY BANGALORE-560019

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SMT N SHAKUNTHALA W/O SRI G SRINVIAS AGED ABOUT 52 YEARS R/AT NO.2C/1, 4TH CROSS, N R COLONY BANGALORE-560019

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M/S VINYAS CONSTRUCTIONS PVT LTD REPRESENTED BY ITS DIRECTORS, REGISTERED UNDER COMPANIES ACT SRI G T SRINIVAS

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NC: 2023:KHC:36774 WP No. 11350 of 2023

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SRI SRIDHAR SOMASHEKAR HAVING ITS OFFICE AT NO.9, 50 FEET ROAD, BSK III STAGE, 3RD PHASE, 1ST BLOCK, BANGALORE-560085

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…PETITIONERS

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(BY SRI. RAJENDRA M A., ADVOCATE)

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AND:

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THE NATIONAL CO OPERATIVE BANK LTD., ADMINISTRATIVE OFFICE AT NO.73/1, GANDHI BAZAR MAIN ROAD, BANGALORE-560004, REPRESENTED BY ITS GENERAL MANAGER AUTHORISED OFFICER MRS MALATHI.M W/O MANJUNATH G AGED ABOUT 54 YEARS

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…RESPONDENT

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(BY SRI. LOKESH K V, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDERS PASSED BY THE HONBLE 24TH ACMM COURT IN CRL.MISC.NO.5727/2020 ON 02.01.2021 ANNEXURE A AND ETC.,

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

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ORDER

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R.DEVDAS J., (ORAL)

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On 2.06.2023 the following order was passed:

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4 - NC: 2023:KHC:36774 WP No. 11350 of 2023

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“Issue emergent notice.

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Stay of recovery proceedings is granted till next date of hearing subject to petitioner paying 30% of the amount in Demand as under:

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(i) 10% only within two weeks;

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(ii) another 10% within next two weeks; and

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(iii) the remainder i.e., another 10% within two weeks next following,

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failing which not only the interim order stands rescinded on its own but it will cast its shadow on the merits of the main matter too.

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The possession taken shall be restored to the petitioner on payment of first installment.”

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Learned counsel for the respondent-Bank

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submits that there is non compliance of the directions issued by this Court.

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Learned counsel for the petitioner submits that the petitioners have filed I.A.No.3/2023 seeking restoration of the immoveable properties and

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5 - NC: 2023:KHC:36774 WP No. 11350 of 2023

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I.A.No.4/2023 for modification of the order dated

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02.06.2023.

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In the considered opinion of this Court, since the petitioner has not even deposited 10% of the demanded amount, as the 1^st installment, no lenience can

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be shown to the petitioner. Consequently, the writ

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petition stands dismissed.

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Pending IAs, if any, stand disposed of.

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Sd/JUDGE

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KLY CT: JL

M/S Sree Sreeivas Jewellers v. the National Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

M/S Sree Sreeivas Jewellers v. the National Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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