M/S Brindavan Beverages vs The Asst. General Manager on 28 March, 2014

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Karnataka High Court

M/S Brindavan Beverages vs The Asst. General Manager on 28 March, 2014

Bench: S. Abdul Nazeer

                          1



     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 28TH DAY OF MARCH 2014

                      BEFORE
       THE HON'BLE MR.JUSTICE S. ABDUL NAZEER

       WRIT PETITION NO.12035 OF 2014 (GM-RES)

BETWEEN:

M/S.BRINDAVAN BEVERAGES
PRIVATE LIMITED
REGD.OFFICE AT NO.5/3
1ST MAIN ROAD
JAYAMAHAL EXTENSION
BANGALORE - 560 046
BY ITS DIRECTOR
MS.DEEPTHI LADHANI
D/O. BALDEORAJ TAHALANI
AGED ABOUT 43 YEARS                  .... PETITIONER

(BY SRI KALEEMULLAH SHARIFF, ADV.)

AND:

1.      THE ASST. GENERAL MANAGER
        UNITED BANK OF INDIA
        BANGALORE BRANCH
        K.G.ROAD
        BANGALORE - 560 009

2.      THE CHIEF REGIONAL MANAGER
        UNITED BANK OF INDIA
        REGIONAL OFFICE
        K.G.ROAD
        BANGALORE - 560 009
                             2



3.    THE ASSISTANT GENERAL MANAGER
      BANK OF INDIA
      BANGALORE MID CORPORATE BRANCH
      BANGALORE - 560 009
                                  ... RESPONDENTS


(BY SRI.M.MOHAMMED IBRAHIM, ADV.,FOR R3;
    SRI.VIGNESH SHETTY, ADV., FOR R1 AND R2)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R1 AND 2 TO RELEASE THE DOCUMENTS
GIVEN AS SECURITY AS PER THE LIST DATED 12.12.2013
VIDE ANNEXURE-A AND REPRESENTATIONS OF THE
PETITIONER DATED 31.12.2013 VIDE ANNEXURE-B, DATED
2.1.2014 VIDE ANEXURE-C, DATED 7.1.2014 VIDE
ANNEXURE-E, DATED 31.1.2014 VIDE ANNEXURE-F AND
TO RELEASE THE MORTGAGE BY ISSUING NO DUES
CERTIFICATE AND SATISFACTION OF UBI CHARGES WITH
ROC IMMEDIATELY AND ETC.,

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

                         ORDER

The petitioner has filed this writ petition seeking the following reliefs:

"(i) Direct the respondent Nos.1 and 2 to release the documents given as security as per the list dated 12.12.2013 produced at 3 Annexure-A and representations of the petitioner dated 31.12.2013 produced at Annexure-B, dated 2/1/2014, produced at Annexure-C, dated 7/1/2014, produced at Annexure-E, dated 31.1.2014, produced at Annexure-F and to release the mortgage by issuing No dues certificate and satisfaction of UBI charges with ROC immediately by issuing a Writ of mandamus;

(ii) Issue such other order, writ or direction as this Hon'ble Court deems necessary in the circumstances of the case."

2. Learned counsel for the respondent Nos.1 and 2 submits that the petitioner is still due in a sum of Rs.66,10,514.11/- to the 1st respondent - bank which is as under:-

"● Amount yet to be realized from the Company.

● Processing charges Rs.10,75,760.00 ● Commitment charges Rs.6,36,529.20 ● Prepayment charges Rs.48,98,224.91 ● Total dues: Rs.66,10,514.11"

3. Learned counsel for the respondent No.3 submits that it will remit the aforesaid amount to the 1st respondent today itself by Result Time Gross Transfer (RTGST), for and on behalf of the petitioner.

4. Learned counsel for the petitioner has no objection to hand over the documents on deposit of the said amount by the 3rd respondent to the 1st respondent.

5. The submission of the learned counsel for the parties is placed on record. 5

6. The 1st respondent is directed to hand over the entire documents referred to above to the 3rd respondent immediately on deposit of the aforesaid amount. If the petitioner has any grievance as to the quantification of the amount by the 1st respondent, it is open for him to take appropriate steps in accordance with law. Writ petition is accordingly disposed of. No costs.

SD/-

JUDGE HJ*

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