Allowed

The Hotel Industrialists Co. Op Bank Ltd. v. the State of Karnataka

Karnataka HC3 Jul 2023WP/6774/2023

Case brief

AI extract

What is this about?

This writ petition filed by a cooperative bank sought registration of sale certificates. The court allowed the petition and issued a mandamus to the Sub-Registrar to register the documents, relying on a coordinate bench decision and the principle of treating like cases alike, directing compliance within three weeks.

What did the court decide?

Writ of Mandamus issued to Sub-Registrar to register sale certificates within three weeks. Costs made easy.

The Hotel Industrialists Co. Op Bank Ltd… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:22717 WP No. 6774 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 6774 OF 2023 (GM-ST/RN)

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BETWEEN:

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THE HOTEL INDUSTRIALISTS CO-OP BANK LTD., IS A CO-OPERATIVE BANK REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT AND IS ALSO REGULATED BY RBI, AND HAVING ITS REGISTERED OFFICE AT: “SAHAKARASOURABHA” NO. 234, 2ND CROSS, 4TH MAIN, CHAMARAJAPET, BENGALURU-560 018. REPRESENTED BY ITS AUTHORISED OFFICER, CHIEF EXECUTIVE OFFICER, K. SHYAMASUNDARA AITHAL.

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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MR. TEJRAJ S., S/O. SHIVARAM, AGED ABOUT 37 YEARS, NO. 6, 5TH MAIN ROAD, BEHIND YAMAHA SHOW ROOM, HEBBAL, BANGALORE NORTH, BANGALORE-560 024.

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…PETITIONERS

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(BY SRI. LOKESH K. V., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REVENUE DEPARTMENT, MULTI STORIED BUILDING, DR. AMBEDKAR VEEDI,

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NC: 2023:KHC:22717 WP No. 6774 of 2023

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BENGALURU-560 001. BY ITS SECRETARY

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THE DISTRICT REGISTRAR, GANDHI NAGAR, NO. 8, 2ND AND 3RD FLOOR, BBMP WARD, NEAR BALAMURI, GANAPATHI TEMPLE, 3RD CROSS, TATA NAGAR KODIGEHALLI, BANGALORE-560 092.

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THE SUB REGISTRAR, GANDHI NAGAR, 3RD AND 4TH FLOOR, ANNEX BUILDING, BANGALORE CITY, D.C. OFFICE COMPOUND, GANDHI NAGAR, BANGALORE-560 009.

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MRS. PREMA MOHAN, W/O LATE V K MOHAN, AGED ABOUT 25 YEARS, R/A NO. 119, 6TH CROSS ROAD, LOWER PALACE ORCHARDS, SADASHIVANAGAR, BANGALORE-560 003.

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MISS. SWATHI SHREE, D/O LATE V K MOHAN, AGED ABOUT 29 YEARS, R/A NO. 119, 6TH CROSS ROAD, LOWER PALACE ORCHARDS, SADASHIVANAGAR, BANGALORE-560 003.

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KUMAR PREM SAGAR, S/O LATE V K MOHAN, AGED ABOUT 25 YEARS, R/A NO. 119, 6TH CROSS ROAD, LOWER PALACE ORCHARDS, SADASHIVANAGAR, BANGALORE-560 003.

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3 - NC: 2023:KHC:22717 WP No. 6774 of 2023

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MR. C S MALLIKARJUNA, S/O CHENNAMALLAPPA, AGED ABOUT 61 YEARS, NO. 4/10, ‘BRAMARAMBHANILAYA’, CRESCENT ROAD, BANGALORE-560 001.

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SMT. P S RAJESHWARI, W/O C S MALLIKARJUNA, AGED ABOUT 56 YEARS, NO. 4/10, ‘BRAMARAMBHANILAYA’, CRESCENT ROAD, BANGALORE-560 001.

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, AGA FOR R1 TO R3; SRI. NAGARAJA HEGDE, ADVOCATE FOR R7 AND R8)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO. 2 AND 3 TO REGISTER THE SALE CERTIFICATE DATED 09/01/2023 ISSUED BY THE PETITIONER NO. 1 BANK IN FAVOUR OF PETITIONER NO. 2 (ANNEXURE-F) BY TAKING REQUISITE STAMP DUTY AND REGISTRATION CHARGES.

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

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ORDER

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The subject matter of this Writ Petition is substantially similar to the one in W.P.No.6327/2022 (GM-

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RES) between BANK OF BARODA & ANOTHER vs. THE STATE OF KARNATAKA & OTHERS, disposed off by a Coordinate Bench of this Court on 06.01.2023, has made the following observations at Paragraph No.6:

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NC: 2023:KHC:22717 WP No. 6774 of 2023

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“The issue in the case at hand is, when the Bank sought to register the property which was subject matter of auction, before the jurisdictional sub-registrar in favour of the 2^nd petitioner, it is turned down on the ground that the Civil Court has granted an order of injunction directing the defendants therein ie., the borrowers herein, not to alienate the property. The issue being answered by the Division Bench of Punjab and Haryana Court, to which I am in respectful agreement of, I deem it appropriate to pass the following:

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ORDER

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(i) Writ Petition is allowed.

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(ii) Mandamus issues to the 3rd respondent Sub-Registrar to register the documents that is brought before it by the 1st petitioner–Bank, in accordance with law.”

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The Division Bench of this Court in W.A.Nos.

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932-933/1974 between A.V.VINODA & ANOTHER Vs.

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STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.

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5 - NC: 2023:KHC:22717 WP No. 6774 of 2023

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In the above circumstances, this writ petition is

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allowed; a Writ of Mandamus issues to the Respondent - Sub-Registrar to register the document/s if it is/ they are otherwise registrable, in accordance with law.

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Time for compliance is three weeks.

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All contentions are kept open, costs having been

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made easy.

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This order shall not influence the other litigations if

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any.

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Sd/JUDGE

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Bsv

The Hotel Industrialists Co. Op Bank Ltd. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Hotel Industrialists Co. Op Bank Ltd. v. the State of Karnataka

Case brief

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