Writ challenge to a bank's eviction notice. Court noted serious factual disputes and granted interim protection of possession for three weeks to allow petitioner to approach the Debt Recovery Tribunal.
Petitioner's possession protected for three weeks; petition disposed.
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:40902 WP No. 24820 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24820 OF 2023 (GM-RES)
BETWEEN:
SMT. K. LALITHA PRAKASH, AGED ABOUT 60 YEARS, W/O MR. B. S. SURYAPRAKASH, RESIDING AT NO. 221, SURYALALI, KARISHMA HILLS, NEAR KSIT COLLEGE, KANAKAPURA ROAD, GUBBALALA, SUBRAMANYAPURA, BENGALURU - 560 061.
…PETITIONER
(BY SRI. C.R. GOPALA SWAMY, SENIOR ADVOCATE FOR SRI. SOMASEKHARA K.H, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K 1. UNION BANK OF INDIA, Location: HIGH CONTONMENT BRANCH, COURT OF KARNATAKA NO. 21, ULSOOR ROAD, OPP. TELEPHONE EXCHANGE, BENGALURU - 560 042, REPRESENTED BY ITS CHIEF MANAGER, AND AUTHORIZED OFFICER.
NO. 712/1, 1ST MAIN ROAD, 5TH CROSS, BYTRAYANAPURA, MYSORE ROAD, NEAR GOVT SCHOOL,
NC: 2023:KHC:40902 WP No. 24820 of 2023
BENGALURU - 560 026. REGISTERED UNDER COMPANIES ACT, 1956.
…RESPONDENTS
(BY SRI. DIVYA PURANDAR, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R1 WHICH ULTIMATELY RESULTED IN THE ISSUANCE OF IMPUGNED NOTICE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question a notice issued by the respondent - Bank seeking eviction of the petitioner, as it is a secured credit at the hands of the Bank.
counsel for Sri. Somashekhara K.H., learned counsel appearing
NC: 2023:KHC:40902 WP No. 24820 of 2023
for the petitioner and Smt. Divya Purandar, learned counsel appearing for the respondent - Bank.
NC: 2023:KHC:40902 WP No. 24820 of 2023
at the hands of this Court, it is not necessary for the concerned fora to grant an interim order, as is granted here. The application if filed before the concerned fora shall be considered on its merits and appropriate orders would be passed in accordance with law.
Ordered accordingly.
JY List No.: 1 Sl No.: 39 CT: BHK
Sd/JUDGE
1 issue framed by the court
Whether the Court was justified in granting temporary protection of possession to the petitioner amidst disputed facts regarding mortgage fraud via the Debt Recovery Tribunal.
Smt. K. Lalitha Prakash
Union Bank of India
M/s. SLR Pharma
A.N. Vinay Kumar
Ravikumar N
M. Nagaraj (Incorrect - text says Nagaprasanna)
M Nagaprasanna
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
