Writ petition filed for production of bank account statement, release of property documents after receiving loan amount, and quashing of an ACMM order. Held that no matter survived for consideration and the petition closed as infructuous.
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: 2024:KHC:50754 WP No. 1268 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 1268 OF 2021 (GM-RES)
BETWEEN:
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
MR. C. JAYAGOPAL S/O C. CHENNA RAYUDU AGED ABOUT 47 YEARS RESIDING AT VILLA No.98 CONFIDENT BILLATRIX SARJAPURA ROAD BILLAPUR SARJAPURA BENGALURU-562 125 THE RESPONDENT MENTIONED AS R/AT. FLAT No.023, BLOCK-F SAIPOORNA HEIGHTS OPPOSITE FAMILIES SUPER MARKET SOMASUNDARAPALYA HSR 2ND SECTOR, HSR LAYOUT BENGALURU-560 012 …PETITIONER (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE)
AND:
SREE CHARAN SOUHARDHA SAHAKARA BANK NIYAMITHA HAVING ITS REGISTERED OFFICE AT No.87/1, H.B. SAMAJA ROAD BENGALURU-560 004 REPRESENTED BY AUTHORIZED OFFICER …RESPONDENT (BY SRI. H.P. MADHU, ADVOCATE FOR C/RESPONDENT)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS, DIRECT THE RESPONDENTS TO PRODUCE THE STATEMENT OF ACCOUNT IN RESPECT OF LOAN ACCOUNT OF PETITIONER ACCOUNT, AND (b) DIRECT THE RESPONDENT BANK TO RECEIVE THE AMOUNT OF RS.1,21,05,380/- AND DIRECT TO RELEASE THE BOTH PROPERTY DOCUMENTS IN FAVOUR OF PETITIONER AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
ORAL JUDGMENT
This writ petition is filed seeking the following releifs:
a) To issue a Writ of Mandamus or any other appropriate Writ, order or directions, directing the Respondents to produce the statement of account in respect of loan account of petitioner account.
b) To Direct the Respondent Bank to receive the amount of Rs.1,21,05,380/- and direct to release the both property documents in favour of petitioner.
c) To issue a writ in the nature of Certiorari and quash the impugned order passed by the XXXVII ACMM at Bengaluru in Crl.Misc.No.125/2020 dated 03.11.2020 as in Annexure "A".
d) To issue such other writ, direction or order as this Hon'ble Court deem proper in the circumstances of the case.
NC: 2024:KHC:50754 WP No. 1268 of 2021
e) To award to the petitioner, the costs of this petition.
record that nothing survives for consideration in this writ petition. Accordingly, writ petition is closed as having become infructuous. Legal contentions, if any, are left open.
Sd/(ANU SIVARAMAN) JUDGE
RAK List No.: 1 Sl No.: 2
3 issues framed by the court
Whether the writ petition for production of accounts, recovery of amount, release of documents, and quashing of order is maintainable.
Whether the writ petition has become infructuous.
What is the appropriate order to be passed in this petition.
1 provisions across 1 enactments
C. Jayagopal
Sree Charan Souhardha Sahakara Niyamitha
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
