M/S Tumkur Grain Merchants Co. Op Bank Ltd. v. the District Superintendent of Police

Karnataka HC22 Jan 2024WP/1380/2024

Case brief

AI extract

What is this about?

This writ petition was disposed of on the terms of a co-ordinate bench judgment, directing the District Superintendent of Police and Circle Inspector to assist the court-appointed commissioner in taking possession of secured property.

What did the court decide?

Directed the First Respondent to assist the court-appointed commissioner in taking immediate possession of the subject property upon written request by the petitioner.

M/S Tumkur Grain Merchants Co. Op Bank Ltd. Vs the… — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:2937 WP No. 1380 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 1380 OF 2024 (GM-RES)

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BETWEEN:

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

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M/S. TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD., ADMIN OFFICE: B.H.ROAD TUMKUR – 572 103 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. RAJASHEKAR N., S/O MALLANNA GOWDA AGE: MAJOR THE PETITIONER IS CO-OPERATIVE BANK REGULATED BY RBI BY ITS MANAGER. (BY SRI. LOKESH K. V., ADVOCATE)

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…PETITIONER

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AND:

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THE DISTRICT SUPERINTENDENT OF POLICE CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA – 571 313.

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THE CIRCLE INSPECTOR OF POLICE CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA – 571 313.

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THE THASILDHAR TALUK OFFICE, BILIGIRI RANGANA BETTADA ROAD, CHAMARAJANAGARA TALUK CHAMARAJANAGARA – 571 313.

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2 - NC: 2024:KHC:2937 WP No. 1380 of 2024

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THE DISTRICT HEALTH OFFICER CHAMARAJANAGAR, NO. 312 3^RD FLOOR, ADMIN OFFICE DOUBLE ROAD NEAR BASAVESHWARA THEATRE CHAMARAJANAGAR – 571 313.

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BASAVARAJENDRA HOSPITAL REPRESENTED BY ITS PARTNERS DR. M.BASAVARAJENDRA S/O MAHADEVAPPA AGED ABOUT 49 YEARS NO. 1389, BHUJANGESHWARA TEMPLE ROAD, BHUJANGESHWARA LAYOUT CHAMARAJANAGAR – 571 313 REGISTER UNDER SOCIETY REGISTRATION ACT.

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DR. SHWETHA SHASHIDHAR W/O DR. M.BASAVARAJENDRA AGED ABOUT 41 YEARS NO. 1389, BHUJANGESHWARA TEMPLE ROAD, BHUJANGESHWAR LAYOUT CHAMARAJANAGAR – 571 313.

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MR. MAHADEVAPPA G., S/O LATE GURULINGAPPA AGED ABOUT 80 YEARS NO. 1389, BHUJANGESHWARA TEMPLE ROAD, BHUJANGESHWAR LAYOUT CHAMARAJANAGAR – 571 313.

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…RESPONDENTS

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(BY SRI. KIRAN KUMAR, HCGP FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO R1 AND 2 TO GIVE NECESSARY ASSISTANCE TO THE PETITIONER AND THASHILDAR TO EXECUTE THE ORDER DTD 25.05.2023 PASSED BY HONBLE DISTRICT MAGISTRATE CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA VIDE NO.MAG(1).MLA.(SARFAESI ACT).103/2022-2023 VIDE ANNEXURE-A BY CONSIDERING

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NC: 2024:KHC:2937 WP No. 1380 of 2024

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PETITIONERS REPRESENTATIONS DTD 13.12.2023 VIDE ANNEXURE-B AND C.

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

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ORDER

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Heard the learned counsel Sri. K.V.Lokesh, appearing for

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the petitioner and Sri.Kiran Kumar, the learned HCGP appearing for respondent Nos.1 to 4.

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The petitioner is before this Court, seeking for the

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following prayer:

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"a. Issue a Writ of direction to Respondent No.1 & 2 to give necessary assistance to the Petitioner & Thashildar to execute the Order dated 25-052023 passed by Hon'ble District Magistrate Chamarajanagara District, Chamarajanagara vide No. MAG(1):MLA:SARFEASI ACT):103/20222023 vide ANNUXURE 'A' by considering Petitioner's representations dated 13-12-2023 vide ANNUXURE B & C .

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b. Issue a Writ of directions to Respondent No.3 to execute the Order dated 25-05-2023 passed by Hon'ble District Magistrate Chamarajanagara District, Chamarajanagara vide No. MAG(1):MLA:(SARFEASI ACT):103/20222023 with respect of schedule -1 property by considering Petitioner's representations dated 1312-2023 vide ANNUXURE D .

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c. Issue a Writ of directions to Respondent No.4 to consider Petitioner's representations given

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4 - NC: 2024:KHC:2937 WP No. 1380 of 2024

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through letter dated 13-12-2023 vide ANNUXURE E .

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

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Learned counsel appearing for the petitioner would

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submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.19849/2021 disposed on 09.12.2021, wherein it 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 thepetitioner.

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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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NC: 2024:KHC:2937 WP No. 1380 of 2024

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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 notice for the first respondent and notice to the rest is 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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NC: 2024:KHC:2937 WP No. 1380 of 2024

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In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench, the petition stands disposed on the same terms.

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Sd/JUDGE

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KG List No.: 1 Sl No.: 70

M/S Tumkur Grain Merchants Co. Op Bank Ltd. v. the District Superintendent of Police

Case brief

What is this about?

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M/S Tumkur Grain Merchants Co. Op Bank Ltd. v. the District Superintendent of Police

Case brief

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