Appeals against an order allowing a State Financial Corporations Act Section 31(1)(aa) petition were withdrawn by the appellants pursuant to a One Time Settlement agreed between the parties, with the first respondent to issue no due certificate and release the charge on payment.
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NC: 2024:KHC:12602-DB MFA No. 4618 of 2015 C/W MFA No. 5549 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO. 4618 OF 2015(SFC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5549 OF 2015(SFC)
IN MFA NO. 4618/2015
BETWEEN:
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
MR. SANJAY GHOSAL, S/O LATE CHANDI CHARAN GHOSAL, AGED ABOUT 51 YEARS, R/AT OLD NO. 12, NEW NO.59, CHARLES CAMPBELL ROAD, COX TOWN, BENGALURU - 560 005.
(BY SRI. MANJU M SUBBAIAH, ADVOCATE FOR SRI. KEMPE GOWDA, ADVOCATE)
AND:
…APPELLANT
REPRESENTED BY ITS
DEPUTY GENERAL MANAGER (HP & FS).
…RESPONDENTS
(BY SRI. GIRISH R., ADVOCATE FOR SRI. BIPIN HEGDE, ADVOCATE FOR R1 & R2; SMT. SUMANA NAGANAND, ADVOCATE FOR R4; VIDE ORDER DATED 03.11.2015, NOTICE TO R3 IS DISPENSED WITH)
THIS MFA IS FILED U/S 32(a) OF THE STATE FINANCIAL CORPORATIONS ACT, 1951, R/W SEC 96 OF THE CPC,
AGAINST THE ORDER DATED: 19.3.2015 PASSED IN MISC.PET.NO.5/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION FILED U/SEC 31(1)(aa) OF THE STATE FINANCIAL CORPORATIONS ACT.
IN MFA NO. 5549/2015
BETWEEN:
SHRI. SAJJAN KUNAR JHUNJHUNWALA, S/O R.N. JHUNJHUNWALA, MAJOR, RESIDING AT NO.1189, 4TH CROSS, 13TH MAIN ROAD, HAL II STAGE, INDIRA NAGAR, BENGALURU - 560 038.
…APPELLANT
(BY SMT. SUMANA NAGANAND, ADVOCATE)
AND:
- 4 - NC: 2024:KHC:12602-DB MFA No. 4618 of 2015 C/W MFA No. 5549 of 2015
4(A). SHRI SANJAY C GHOSHAL, S/O LATE CHANDI CHARAN GHOSAL, MAJOR, RESIDING AT OLD NO.12, NEW NO.59, CHARLES CAMPBEL ROAD, COX TOWN, BENGALURU - 560 005.
…RESPONDENTS
(BY SRI. GIRISH R., ADVOCATE FOR SRI. BIPIN HEGDE, ADVOCATE FOR R1; SRI. A. RAVISHANKAR, ADVOCATE FOR R2; SRI. K.S. MAHADEVAN, ADVOCATE FOR R3; SRI. SANJAY NAIR, ADVOCATE FOR R4(A))
THIS MFA IS FILED U/S 32(9) OF THE STATE FINANCIAL CORPORATIONS ACT, AGAINST THE ORDER DATED 19.03.2015 PASSED IN MISCELLANEOUS PETITION NO.5/2010 ON THE FILE OF THE COURT OF THE PRINCIPAL DISTRICT JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE, ALLOWING THE PETITION FILED U/S 31(1) (aa) OF THE STATE FINANCIAL CORPORATIONS ACT.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY, ANU SIVARAMAN J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellants have
filed a memo for withdrawal on the ground that the One Time Settlement has been agreed upon by the parties and
that the appeals are withdrawn subject to the first respondent issuing no due certificate in favour of the appellants and releasing the charge on payment of the OTS amount.
3. Recording the memo, the appeals are dismissed
as withdrawn in terms of the same.
Sd/JUDGE
Sd/JUDGE
SS
List No.: 1 Sl No.: 43
4 provisions across 2 enactments
Sanjay Ghosal
Karnataka State Financial Corporation
The Debenture Trustee, State Bank of India
M/s Victory Glass & Industries Limited (In Liquidation)
Sajjan Kumar Jhunjhunwala
ANU SIVARAMAN
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
