Disposed

Mr Krishna Murthy M v. the Authorized Officer / Manager

Karnataka HC22 Jun 2024WP/15867/2024

Case brief

AI extract

What is this about?

High Court of Karnataka disposed the writ petition, directing the respondent bank to re-deliver possession of the petitioner's property by 24.06.2024, subject to the petitioner's undertaking to clear the loan dues.

What did the court decide?

Petitioner was permitted to retrace his property possession by 24.06.2024, subject to undertaking to pay remaining dues within one month.

Mr Krishna Murthy M Vs the Authorized Officer / Manager — Banking and Recovery | Karnataka HC (2024)

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1 - NC: 2024:KHC:22589 WP No. 15867 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15867 OF 2024 (GM-RES)

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BETWEEN:

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MR KRISHNA MURTHY M S/O LATE M MUNISWAMY AGED 80 YEARS, R/AT NO.37, 7^TH MAIN NEAR BDA PARK, AVALAHALLI, BSK III STAGE, BANGALORE-560 085.

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…PETITIONER

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(BY SRI. SANDHYA U PRABHU.,ADVOCATE)

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AND:

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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THE AUTHORIZED OFFICER / MANAGER ASHOKNAGAR CO-OPEARTIVE BANK LTD., REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, NO.1380/B, 6^TH CROSS, ASHOKNAGAR, BSK I STAGE, 2^ND BLCOK, BANGALORE-560 050.

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…RESPONDENT

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(BY SRI. LOKESH K V.,ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE FOR VACATING DATED 03/06/2024 ISSUED BY RESPONDENT BANK IN RESPECT OF THE SCHEDULE PROPERTY PRODUCED AT ANNEXURE-B.

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

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2 - NC: 2024:KHC:22589 WP No. 15867 of 2024

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ORDER

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In this petition, petitioner seeks for the following reliefs:

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a) Issue a writ of certiorari quashing the notice for vacating dated 03.06.2024 issued by respondent bank in respect of the schedule property produced at Annexure – B.

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b) Grant any other relief as this Hon’ble court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity.”

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Learned counsel for the petitioner has filed an affidavit

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which reads as under:

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“I, Mr. Krishna Murthy M, S/o Late M Muniswamy, Aged 80 years, Residing at No.37, 7^th Main, Near BDA Park, Avalahalli, BSK III Stage, Bangalore – 560085, do hereby affirm and state on oath as follows:-

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1. I submit that, I am the Petitioner herein and I am well conversant with the facts of the above case. Hence I am swearing to this affidavit.

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2. The statements and averments made by me petition may kindly be taken as part and parcel of this affidavit.

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3. I submit that, I am the borrower and the respondent has taken the physical possession of the house property on 15.06.2024. Now that I am undertaking to close the loan account I request for redelivery of possession of the property mentioned below.

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3 - NC: 2024:KHC:22589 WP No. 15867 of 2024

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4. I submit that, today I am ready with a demand draft of Rs.2,00,000/- (Rupees two lakhs only) drawn on Federal bank, Jayanagar Branch dated 20.06.2024 bearing No.461506 and I undertake to pay the balance amount as stated by respondent bank i.e., Rs.34,00,000/- (Rupees Thirty four lakhs only) within one month from today as my son has applied for a loan in some other financial institution.

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5. I submit that, if the balance amount as undertaken is not paid the respondent may proceed to take physical possession of the schedule property in accordance with the law.

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SCHEDULE PROPERTY

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Property bearing No.13/7(c), PID No.48-92-13/7(C), 6^th Cross, New Kalasipalyam Layout, Bangalore measuring East to West (63”+65”)/2 feet and north to south (0+27)/2” feet, totally 864 Sq.ft totally 864 Sq.ft and bounded on:

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East By: Private Property,

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West By: Corporation Property,

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North By: M Srinivasalu Property,

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South By: Saraswathi K Property.

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I swear accordingly.”

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Along with affidavit, petitioner has submitted photocopies of the demand draft for having paid Rs.2 Lakhs in favour of the respondent – Bank out of the total sum of Rs.36 Lakhs. In the affidavit, petitioner had undertaken that the balance sum of

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4 - NC: 2024:KHC:22589 WP No. 15867 of 2024

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Rs.34 Lakhs would be paid within a period of one month from today.

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Affidavit is placed on record.

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The respondent – Bank is directed to re-deliver the possession of the schedule property back to the petitioner forthwith without any delay, on or before 24.06.2024 by 12:00 noon.

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The original demand draft for having paid a sum of Rs.2 Lakhs has been handed over to the learned counsel for the respondent who acknowledges the receipt of the same.

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It is made clear that in the event the petitioner does not comply with the affidavit, the respondent is at liberty to proceed further in accordance with law.

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Subject to the aforesaid directions, petition stands disposed

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of.

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Sd/JUDGE

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DHA List No.: 1 Sl No.: 5

Mr Krishna Murthy M v. the Authorized Officer / Manager

Case brief

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Mr Krishna Murthy M v. the Authorized Officer / Manager

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