Disposed

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

Karnataka HC14 Feb 2023WP/911/2023

Case brief

AI extract

What is this about?

This was a writ petition seeking a writ of mandamus directing the Circle Inspector of Police to assist the petitioner in executing an order to take possession of secured property. The court disposed of the petition on the terms of a coordinate bench judgment.

What did the court decide?

The court disposed of the petition directing the first respondent to assist the petitioner in taking possession immediately after the petitioner makes a written request.

The Hotel Industrialists Co. Op Bank Ltd. Vs State… — Cooperative Societies | Karnataka HC (2023)

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WP No. 911 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF FEBRUARY, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 911 OF 2023 (GM-RES)

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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 "SAHAKARA SOURABHA" 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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…PETITIONER

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

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AND:

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Digitally signed by 1. STATE OF KARNATAKA, PADMAVATHI B K REPRESENTED BY ITS SECRETARY, Location: HIGH COURT OF HOME DEPARTMENT, VIDHANA SOUDHA, KARNATAKA BANGALORE - 560 001.

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THE CIRCLE INSPECTOR OF POLICE, HIGH GROUND POLICE STATION, MILLARS ROAD, VASANTH NAGAR , BANGALORE - 560 052.

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LATE V.K. MOHAN, S/O KALA POOJARY, SINCE DECEASED REPRESENTED

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WP No. 911 of 2023

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BY HIS LEGAL HEIRS,

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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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MR. MALLIKARJUNASWAMY C., S/O CHENNAMALLAPPA, AGED ABOUT 61 YEARS, NO.4/10, 'BRAMARAMBHA' CRESCENT ROAD, BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI. M. VINOD KUMAR, AGA FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

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WP No. 911 of 2023

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A WRIT OF MANDAMUS TO R2 WHERE BY DIRECTING THE R2 TO GIVE NECESSARY ASSISTANCE TO THE PETITIONER TO EXECUTE THE ORDER DATED 27.06.2022 PASSED BY THE HONBLE 8TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BANGALORE VIDE ANNEXURE-A AND ETC.

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

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ORDER

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Heard Sri. Lokesh K.V., learned counsel appearing for the petitioner and Sri. Vinod Kumar M., the learned AGA appearing for the respondents.

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The petitioner is before this Court, seeking for the

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following prayers:

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"a. Direct the Respondent No.2 to consider the representation given through letter dated 20.12.2022 vide Annuxure-B for necessary assistance to the petitioner in execution of court order dated 27.06.2022 passed by Hon'ble 8th Additional Chief Metropolitan Magistrate Bangalore. (Annexure - A).

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b. Grant such other relief as deemed fit to this Hon'ble Court in the facts and circumstances of the case."

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The learned counsel appearing for the petitioner

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would submit that the issue in the lis stands covered by the judgment rendered by a Co-ordinate Bench in the case of M/S

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WP No. 911 of 2023

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TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD.,

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-VS- THE CIRCLE INSPECTOR OF POLICE AND ORS.¹ , the

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Co-ordinate Bench has held as follows:

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"The short grievance of the petitioner is as to alleged non-cooperation of the jurisdictional police in implementing the order dated 05.03.2020, operative portion of which reads as under:

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“ORDER

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Petition is allowed with following terms.

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1. Applicant/petitioner is entitled to take possession of the schedule property towards satisfaction of the creditors due.

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2. Sri. KVL, Advocate and Authorized officer submit that Sheristedar of this court may be appointed as a Commissioner, in view of the above, Sheristedar of this court is hereby appointed as a Commissioner to deliver the possession of the secured property to the petitioner.

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3. Police Inspector of Jurisdictional Police Station is hereby directed to give necessary assistance to the applicant/petitioner while taking possession of the schedule property.

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4. Applicant/petitioner shall bear the legal expenses if any of the said police.

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5. The petitioner is at liberty to break open the lock after following due procedure of law in the presence of the respectable persons.”

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2. Learned AGA on request having accepted

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notice for the first respondent and notice to the rest is

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1 W.P.No.19849 disposed on 09.12.2021

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WP No. 911 of 2023

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dispensed with as being unnecessary, submits that he would instruct his client to look into the grievance of the petitioner swiftly and in accordance with law. He also submits that since the property in which the security interest is created, is occupied by multiple persons, extra police force needs be deployed, and therefore the petitioner has to inform the police in advance; this is fair enough.

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In the above circumstances, this writ petition is disposed off directing the first respondent to assist the Shirastedar of the Court below in taking possession of the subject property immediately after petitioner makes the written request in that regard.

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Non-compliance of this direction may result into multiple adverse entries being made in the Service Register of the police officials concerned.

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Costs made easy."

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