Petitioner sought quashing of a magistrate's order and bank notice in a Canara Bank recovery matter; interim order had been vacated for non-compliance with payment conditions, so the petition was disposed of as nothing survived.
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NC: 2024:KHC:26839 WP No. 6635 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6635 OF 2023 (GM-RES)
BETWEEN:
SRI SUNIL SINGH L S/O LATE SRI LOKANATH SINGH AGED ABOUT 34 YEARS R/AT 122,123, C 4TH CROSS S V G NAGAR, MOODALAPALYA NAGARBHAVI MAIN ROAD BENGALURU – 560 072.
…PETITIONER
(BY SMT. SANDHYA U PRABHU, ADVOCATE)
AND:
Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA
CANARA BANK BANK LTD REPRESENTED BY ITS AUTHORIZED OFFICER INSIDE KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY HOSPITAL DR. M H MARIGOWDA ROAD BANGALORE – 560 029.
…RESPONDENT
(BY *SRI. DILDAR SHIRAHALLI. , ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER OF THE CHIEF METROPOLITAN MAGISTRATE, CMM COURT, BANGALORE IN CRL. MISC NO. 620/2023 DATED 15/02/2023 PRODUCED AT ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
* Corrected vide Chamber Order dated: 08.08.2024.
NC: 2024:KHC:26839 WP No. 6635 of 2023
ORDER
In this petition, petitioner seeks for the following reliefs:-
“ A) Issue a writ of certiorari quashing the order of the learned Chief metropolitan magistrate, CMM Court, Bangalore in Crl.Misc.No. 620/2023 dated: 15.02.2023 produced at Annexure-C.
B) Issue a writ of certiorari quashing the notice dated: 06.03.2023 issued by the respondent bank produced at Annexure-A.
C) Grant any such further and other reliefs as this Hon’ble Court may consider fit and proper in the facts and circumstances of the case.”
the following order by the co-ordinate Bench of this Court as under:-
The learned co-ordinate Judge vide order dated 21.03.2023 had granted the interim order subject to compliance of certain conditions as to payment.
Learned counsel for the petitioner submits that the said payment could not be made and hence, seeks extension of the period for compliance on health grounds of the petitioner.
However, this cannot be a ground for the noncompliance of the terms of interim order. Therefore, interim
NC: 2024:KHC:26839 WP No. 6635 of 2023
order stands vacated. It is open to the respondent-bank to proceed in accordance with law.
petition and the same is accordingly disposed of.
Sd/JUDGE
Srl.
1 provisions across 1 enactments
Sunil Singh L
Canara Bank Ltd represented by its Authorized Officer
S.R. Krishna Kumar
As recorded by the court registry
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