Writ petition challenging an executing court order directing attachment of immovables and arrest. Court set aside the order, remitted matter, conditioned on deposit of Rs. 2,00,000/- by a specific date.
Impugned order set aside; matter remitted to Executing Court subject to deposit of Rs. 2,00,000/- by 05.04.2024.
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NC: 2024:KHC:10772 WP No. 5359 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5359 OF 2024 (GM-CPC)
BETWEEN:
BOTH ARE R/O NO.140, SOG COLONY, C BLOCK, BAPUJI VIDYANAGAR POST, DAVANAGERE-577 005.
…PETITIONERS
(BY SRI. HANUMANTHAPPA A.,ADVOCATE)
AND:
Digitally signed by VANDANA S Location: High Court of Karnataka
M/S VERITAS FINANCE PRIVATE LIMITED NO.A-29, STS TRADE CENTRE, TIRUOVI-KA INDUSTRIAL ESTATE, GUDINDY, CHENNAI-600 032. REP BY SENIOR MANAGER, MALENDRAIAH MATA.
…RESPONDENT
(BY SRI. JAI.M.PATIL.,ADVOCATE)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOCALL FOR THE RECORDS FROM PRL.DISTRICT AND SESSIONS COURT DAVANAGERE IN COM. EX.NO.293/2022 TO SET ASIDE THE ORDER PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS DAVANAGERE DATED 29.1.24 IN COM.EX.NO. 293/2022 VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated 29.01.2024 passed in Com.Ex.No.293/2022 whereby the Executing Court directing the attachment of immovables of petitionerjudgment debtor No.2 and arrest notice to petitioner No.1-judgment debtor No.1.
providing one more opportunity in favour of the petitioners to amicably resolve the disputes with the respondent, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Executing Court for reconsideration afresh in accordance with law subject to the condition that the petitioners would deposit Rs.2,00,000/- before the Executing Court on or before 05.04.2024. It is made clear in the event, petitioners do not deposit Rs.2,00,000/- before the Executing Court on or before 05.04.2024, the present order would stand automatically recalled and the impugned order shall stand restored/revived without further orders.
SD/JUDGE
DHA List No.: 1 Sl No.: 12
Anjan Kumar Barikh and another
Veritas Finance Private Limited
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
