Dismissed

Anjuman Waseeul Taleem Educational Trust v. Varthana Finance Pvt. Ltd.

Karnataka HC15 Dec 2023WP/9774/2023

Case brief

AI extract

What is this about?

This court rejected a writ petition filed under Articles 226 and 227 of the Constitution seeking quashing of an impugned order. The petition was dismissed because the petitioner failed to deposit the required interim bond amount, thereby breaching a prior interim order.

What did the court decide?

The writ petition is rejected with costs due to the petitioner's breach of the interim order condition regarding the deposit of security.

Anjuman Waseeul Taleem Educational Trust Vs Varthana… — Banking and Recovery | Karnataka HC (2023)

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NC: 2023:KHC:45871 WP No. 9774 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9774 OF 2023 (GM-RES)

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BETWEEN:

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ANJUMAN WASEEUL TALEEM EDUCATIONAL TRUST, REGISTERED UNDER SOCIETIES REGISTRATION ACT, HAVING ITS OFFICE AT MURUD JANJIRA, NEAR JAMA MASJID POST, RAIGAD - 4020401, REPRESENTED BY PRESIDENT MR. SAIFULLAH H FIRFIRE.

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BILKIS SAIFULLA FIRFIRE, W/O SAIFULLA H FIRFIRE, AGED ABOUT 55 YEARS, TRUSTEE, R/O NO.G. NO. 636, NANDGAON, TALUK MURUD, MURUD JANJIRA, RAIGAD - 402 401.

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

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MOOIN MOHAMMED SHABAN, S/O MOHAMMED HASAN SHABAN, AGED ABOUT 55 YEARS, TRUSTEE,R/O NO.G. NO. 636, NANDGAON, TALUK MURUD, MURUD JANJIRA, RAIGAD - 402 401.

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…PETITIONERS

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(BY SRI. BALARAJ A.C., ADVOCATE)

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AND:

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VARTHANA FINANCE PVT. LTD., FORMERLY KNOWN AS THIRUMENI FINANCE PVT. LTD,

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NC: 2023:KHC:45871 WP No. 9774 of 2023

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REGISTERED COMPANIES ACT, 1956, HAVING ITS OFFICE, AT NO.5, BC-110, SERVICE ROAD, 3^RD BLOCK, HRBR LAYOUT, BENGALURU - 560 043, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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ALSO AT BRANCH OFFICE 1^ST FLOOR, AAI APARTMENT, JAIN BUILDING, BEHIND RBL BANK, RAM GANESH GADKARI MANDIR, LANE NO 1, NEAR GHANTALI MANDIR, THANE(W) THANE - 400 602.

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DISTRICT MAGISTRATE, RAIGAD, ABIBAG - 402 201.

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THE TEHSILDAR AND EXECUTIVE MAGISTRATE, MURUD TALUK, JANJIRA, RAIGAD - 402 401.

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THE MANDAL OFFICER, NANDGAON OFFICE, MURUD TALUK, JANJIRA, RAIGAD - 402 401.

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…RESPONDENTS

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(BY SRI. PATIL J.M., ADVOCATE FOR R1)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R2 DISTRICT MAGISTRATE, ALIBAUG IN APPLICATION NO. 852/2022 DATED. 21.03.2023 AND ALSO NOTICE BEARING J.NO. 225/SEIZURE/MAJGAON/2 DATED. 24.04.2023 ISSUED BY R4 THE MANDAL OFFICER , NANDGAON OFFICE, MURUD TALUK, JANJIRA, RAIGAD DISTRICT VIDE ANNEXURE-G AND H AND ETC.

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

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3 - NC: 2023:KHC:45871 WP No. 9774 of 2023

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ORDER

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This Court on 02.05.2023 had passed the following order:

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"Issue notice to respondents.

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There shall be an interim stay of proceedings subject to the petitioner depositing a sum of Rs.25,00,000/- within a period of four weeks from today.

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It is made clear that if any of the conditions mentioned above are not complied with, the interim order of stay shall stand vacated automatically.

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Hand delivery of the order is permitted."

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Learned counsel appearing for the petitioner

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submits that not even a rupee has been paid to the Bank after granting of the interim order. The granting of the interim order appears to have been taken for granted by the petitioner. Therefore, no further indulgence can be shown to a person who has breached the interim order to its fullest.

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Therefore, the petition stands rejected.

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Sd/JUDGE

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SJK List No.: 2 Sl No.: 5 CT:SNN

Anjuman Waseeul Taleem Educational Trust v. Varthana Finance Pvt. Ltd.

Case brief

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Anjuman Waseeul Taleem Educational Trust v. Varthana Finance Pvt. Ltd.

Case brief

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