Petitioners sought a writ of mandamus to compel Axis Bank to disburse funds from the account of their deceased relative per a probate court order. Counsel withdrew the petition after partial argument; the court disposed of it as withdrawn with liberty to file afresh.
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NC: 2024:KHC:21590 WP No. 6304 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.6304 OF 2024 (GM-RES)
BETWEEN:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
ALL THE PETITIONER NOS.1 TO 3 ARE R/AT LAKSHMI NARAYANA ORCHARDS, 20KM, MYSORE ROAD, OPPOSITE RAJARAJESHWARI DENTAL COLLEGE, KUMBALAGUDU, KENGERI HOBLI, BENGALURU – 560 060. ... PETITIONERS
(BY SRI KESHAV M. DATAR, ADVOCATE)
AND:
M/S. AXIS BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, 1770/, NO.483, SEETHA COMPLEX, IDEAL HOMES CHS LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU – 560 098. ... RESPONDENT
(BY SRI FRANCIS XAVIER, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT TO DISBURSE THE AMOUNTS IN THE ACCOUNT OF LATE KRISHNAN CHOPRA MAINTAINED WITH THE RESPONDENT, IN TERMS OF THE ORDER DATED 17/04/2021 PASSED BY THE HON’BLE IVTH ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU IN P & SC NO.23/2019 VIDE ANNEXURE-A; DIRECTING THE RESPONDENT TO COMPLY WITH THE LEGAL NOTICE DATED 06/01/2024 VIDE ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners seek the following reliefs:
2. Issue a Writ in the nature of a Mandamus or any other appropriate Writ or order directing the Respondent to comply with the legal Notice dated 06.01.2024 vide ANNEXURE - B.
3. Pass such other Order/s as the Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.”
counsel for the petitioners seeks permission of this Court to
NC: 2024:KHC:21590 WP No. 6304 of 2024
withdraw the petition reserving liberty in favour of the
petitioners to file a fresh petition in accordance with the law.
withdrawn reserving liberty to the petitioners to file a fresh petition in accordance with the law.
All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Sd/JUDGE
MBM List No.: 1 Sl No.: 6
Shefali Chopra
Tushita Chopra
Tushar Chopra
M/S. Axis Bank Ltd.
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
