M/S Bharath Infra Exports And Imports ... vs Chairman /Managing Director on 5 June, 2018

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Karnataka High Court

M/S Bharath Infra Exports And Imports ... vs Chairman /Managing Director on 5 June, 2018

Bench: Aravind Kumar

                          1




 IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 5TH DAY OF JUNE 2018

                       BEFORE

     THE HON'BLE MR. JUSTICE ARAVIND KUMAR

 WRIT PETITION NOs. 63350-63351 OF 2016(GM - RES)

BETWEEN:

M/S BHARATH INFRA EXPORTS
AND IMPORTS LIMITED
NO. 48, LAND MARK, HOSUR ROAD,
HUSKUR GATE, ELECTRONIC CITY POST,
BENGALURU - 560 100
BY ITS MANAGING DIRECTOR,
DAYANANDA
AGED ABOUT 53 YEARS,
S/O LATE THIMMA REDDY.               ...PETITIONER


(BY SRI. V. SHIVAKUMAR, ADV.,)

AND:

1.     CHAIRMAN/MANAGING DIRECTOR
       STATE BANK OF INDIA,
       STATE BANK BHAVAN,
       14TH FLOOR,
       MADAME CAMA ROAD,
       NARIMAN POINT,
       MUMBAI,
       MAHARASHTRA-400 021.

2.     GENERAL MANAGER,
       NETWORK (1)
       STATE BANK OF INDIA,
       NO. 65, ST MARKS ROAD,
       BENGALURU-560 001.
                           2




3.   THE ASSISTANT GENERAL MANAGER
     STATE BANK OF INDIA,
     BANGALORE CITY BRANCH,
     JC ROAD,
     BENGALURU-560 001.
                                ... RESPONDENTS

(BY SRI. S. NAGANAND SENIOR COUNSEL
ALONG WITH SRI. A. RAVISHANKAR. ADV.,)


      THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH ANNEX-A DATED 02.12.2016 AND
ANNEX-AF    DATED    06.12.2016  AND    ALSO   THE
INTERVENING COMMUNICATIONS VIDE ANNEX-G DATED
5.10.2016 ADV NIL ANNEX-J DATED 13.10.2016 ADV NIL,
ANNEX-L DATED 14.10.2016 ADV NIL, ANNEX-M DATED
3.11.2016 NO.ADV NIL,     ANNEX-T DATED 4.11.2016
NO.ADV NIL, ANNEX-V DATED 10.11.2016 NO.ADV NIL,
ANNEX-W DATED 13.11.2016 NO.ADV NIL, ANNEX-AV
DATED 3.12.2016 NO.CIF/85442690612, ALL ISSUED BY
R-3 ARE IN VIOLATION OF ANNEX-AG THE RESPONDENT
BANK'S FAIR LENDING PRACTICES CODE AND IN
VIOLATION OF PRINCIPLES OF NATURAL JUSTICE, THUS
ARE WITHOUT JURISDICTION AND RESTORE LC MARGIN
IN CATPTION ACCOUNT BHARAT INFRA EXPORTS AND
IMPORTS LIMITED, AT THE BANGALORE CITY BRANCH-
00814 NO.22, J.C. ROAD, BENGALURU-560 002 - CC
ACCOUNT NUMBER 30770234121 - LC ACCOUNT NUMBER
3127468148 AND RESTORE EPC FACILITY ACCOUNT
NUMBER 34836679227 WITH ALL BENEFITS AS
MENTIONED IN ANNEX-C DATED 23.03.2015 AND ETC.

     THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

Learned counsel for the petitioner after arguing the matter for some time, seeks leave of the Court to 3 withdraw the petitions with liberty to urge the grounds urged in the writ petitions before the Debt Recovery Tribunal in O.A that has been filed by the respondent- Bank. Memo filed to the said effect is placed on record.

2. Writ petitions are disposed of as withdrawn. Liberty is granted to the petitioner to urge all the grounds including the grounds urged in the writ petitions and also permitted to raise counter claim, if any.

3. However, it is made clear that in respect of proposed counter claim that may be raised, no opinion is expressed by this Court with regard to either merits of the case or maintainability of such counter claim and all contentions in that regard are kept open.

Writ petitions are dismissed as withdrawn, subject to observations made herein above. It is also made clear that in the event of respondent-Bank intending to initiate any other proceedings, liberty is granted to the 4 petitioner to challenge the same in the manner known to law. Ordered accordingly.

Sd/-

JUDGE GH

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