Writ petition against a bank endorsement dismissed as the petitioner failed to deposit the secured amount under an interim order, with liberty to approach other remedies.
Petition dismissed, liberty reserved to approach other remedies. Bank remains free to consider petitioner's representation.
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NC: 2024:KHC:6601 WP No. 812 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION No.812 OF 2024 (GM-RES)
BETWEEN:
SRI. SATHYAPAL S/O B.A. KRISHNA GOWDA, AGED ABOUT 50 YEARS, RESIDENT OF NO.5, MUNICIPAL ASSESSMENT NO.13, BEEKANAHALLI VILLAGE, WARD NO.2, BEEKANAHALLI ROAD, JYOTHI NAGARA EXTENSION, CHIKMAGALUR-577 102
…PETITIONER
(BY SMT SANDHYA U. PRABHU, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
INDIAN OVERSEAS BANK REPRESENTED BY ITS AUTHORISED OFFICER/MANAGER 1ST FLOOR, KAYARMANJ BUILDING, BALLAL BAGH, M.G.ROAD, MANGALORE-575003
…RESPONDENT
(BY SRI KEERTI KUMAR D. NAIK, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT BANK DATED 01.01.2024 PRODUCED AT ANNEXURE-M INSOFAR AS THE PETITIONER IS CONCERNED AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:6601 WP No. 812 of 2024
ORDER
The petitioner is before this Court calling in question the endorsement issued by the respondent-Bank on 01.01.2024 and sought a direction for consideration of the representation submitted by the petitioner.
” Sri Keshava Bhat, learned counsel is directed to accept notice for the respondent-Indian Overseas Bank.
There shall be an interim order of stay, subject to the condition that the petitioner would deposit Rs.10,00,000/- with the Bank, within six weeks from today.
List this matter on 07.02.2024.”
” Learned counsel for the respondent submits that not even a rupee has been paid pursuant to the interim order.
A week’s time is still subsisting for the interim order to spent itself.
List this matter on 15.02.2024 in the fresh matters
list.
In the event no rupee is paid, the petition would be dismissed.
Interim order granted earlier, is extended till the next date of hearing.”
bank to consider any representation submitted by the petitioner. It is open for the bank to take action in accordance with law.
Ordered accordingly.
Sd/JUDGE
kcm List No.: 1 Sl No.: 22
2 issues framed by the court
Whether the writ petition should be allowed considering the petitioner failed to deposit the secured amount under the interim order.
What role the bank plays in considering the petitioner's representation post-dismissal.
1 provisions across 1 enactments
SRI. SATHYAPAL S/O B.A. KRISHNA GOWDA
INDIAN OVERSEAS BANK
M. Nagaprassanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
