Dismissed

Sri B B Hareesha v. the Hanumanthanagar Co-Op Bank Ltd.

Karnataka HC13 Feb 2023WP/185/2023

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed a writ petition filed by a depositor challenging an order for possession by a cooperative bank. The petitioner failed to comply with an interim order requiring a deposit of 10% of the outstanding dues to obtain a stay on execution, leading to the court rejecting the petition for non-prosecution.

What did the court decide?

Petition dismissed for non-prosecution due to failure to comply with interim deposit order.

Sri B B Hareesha Vs the Hanumanthanagar… — Contract and Commercial Disputes | Karnataka HC (2023)

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WP No. 185 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 185 OF 2023 (GM-RES)

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BETWEEN:

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SRI. B.B.HAREESHA, REPRESENTED BY HIS GPA HOLDER, SRI. M.JOHN PHILLIPS, S/O SRI. T.E.MOSES, AGED 47 YEARS, R/AT NO.11, 14^TH CROSS, 4^TH MAIN ROAD, SAMPANGIRAMANAGARA, BENGALURU – 560 027.

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…PETITIONER

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(BY SRI. GANGADHARAPPA C., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE HANUMANTHANAGAR CO-OP. BANK LTD., REPRESENTED BY THE MANAGER, SRI. D.G.BOREGOWDA, NO.7/29, 3^RD MAIN, 1^ST CROSS, HANUMANTHANAGAR, BENGALURU – 560 019.

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…RESPONDENT

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(BY SRI.A.DEVARAJA, ADVOCATE FOR C/R)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 01.10.2019 PASSED BY THE HONBLE IX ACMM AT

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WP No. 185 of 2023

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BENGALURU IN CRL.MISC.NO.2714/2018 FOR TAKING PHYSICAL POSSESSION OF THE PROPERTY AS PER ANNEXURE - A IN RESPECT OF THE SCHEDULE PROPERTY AND DIRECTED THE RESPONDENT TO REDELIVERED THE PHYSICAL POSSESSION OF THE PROPERTY TO THE PETITIONER 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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The petitioner is before this Court calling in question an order dated 01.10.2019 passed by the IX ACMM, Bengaluru in Crl.Misc.No.2714/2018.

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2. This Court on 09.01.2023 passed the following

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order:

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"The petitioner is before this Court calling in question an order dated 01.10.2019 passed by IX ACMM, Bengaluru in Crl.Misc.No.2714/2018.

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Issue emergent notice to the respondent.

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There shall be an interim order of stay of the order dated 01.10.2019 passed by IX ACMM, Bengaluru in Crl.Misc.No.2714/2018, subject to the petitioner depositing 20% of the outstanding as on date.

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Learned counsel appearing for the respondentBank would submit that the outstanding as on date is Rs.39,62,846/-

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Therefore, the petitioner shall deposit 10% of the said amount in the next two weeks and 10% of the amount in the next 4 weeks.

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List this matter on 27.01.2023.

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WP No. 185 of 2023

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In the event deposit of 10% of the amount is made, the Bank shall consider the restoration of possession in favour of the petitioner.

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In the event it is not paid, the interim order would automatically stand vacated."

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and again granted time on 27.01.2023, by passing the

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following order:

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" List this matter on 02.02.2023.

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In the event, the petitioner would not comply with the interim order dated 09.01.2023, the petition would be dismissed for its non-prosecution.

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Interim order granted earlier, is extended till the next date of hearing.

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In the light of the orders so passed and non-compliance of

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them, the petition deserves to be rejected and is accordingly

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rejected reserving liberty to the petitioner to avail of such remedy as available in law.

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Ordered accordingly.

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SD/JUDGE

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SJK List No.: 1 Sl No.: 9

Sri B B Hareesha v. the Hanumanthanagar Co-Op Bank Ltd.

Case brief

What is this about?

What did the court decide?

Sri B B Hareesha v. the Hanumanthanagar Co-Op Bank Ltd.

Case brief

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What the court decided

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Statutes considered

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