Karnataka High Court
Dr. Basanna Shavi Memorial Hospital Pvt ... vs Dhruva Imaging Pvt Ltd on 12 December, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:45199
WP No. 21323 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 21323 OF 2023 (GM-CPC)
BETWEEN:
DR. BASANNA SHAVI MEMORIAL
HOSPITAL PVT LTD.,
HAVING ITS REGISTERED OFFICE AT
AKULACHILUMAIAH STREET,
KOPPAGAL ROAD,
BELLARY, 583 103
REPRESENTED BY ITS REPRESENTATIVE
DR . RAKESH SHAVI
S/O LATE BASANA SHAVI
AGED ABOUT 52 YEARS,
REGD. UNDER COMPANIES ACT, 1956
...PETITIONER
(BY SRI. G BALAKRISHNA SHASTRY.,ADVOCATE)
AND:
Digitally DHRUVA IMAGING PVT LTD.,
signed by A K HAVING ITS REGISTERED OFFICE
CHANDRIKA AT NO. 5, 1st FLOOR, MSH LAYOUT
Location: 1ST STAGE, ANANDANAGAR,
HIGH COURT BENGLAURU 560 024
OF
KARNATAKA
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE/DIRECTOR
MR. NARAYANASWAMY DORAIRAJ,
S/O NOT KNOWN,
AGED NOT KNOWN
REGD. UNDER COMPANIES ACT, 1956
...RESPONDENT
(BY SRI. HARSHANDRA FOR SRI SHAMANTH S N.,ADVOCATES)
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NC: 2023:KHC:45199
WP No. 21323 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 04/09/2023 PASSED IN EXECUTIOIN
CASE NO. 350/2023 PASSED BY THE I ADDL CIVIL JUDGE
(CCH-2) AT BENGALURU. COPY WHICH IS PRODUCED AT
ANNEXURE-A ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN "B" GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/judgment debtor in Ex.Case No.350/2023 on the file of I Additional Civil Judge, Bangalore is before this Court, questioning the order dated 04.09.2023 by which, arrest warrant is issued against the petitioner/judgment debtor.
2. Heard learned counsel Sri.G.Balakrishna Shastry for petitioner/judgment debtor and learned counsel Sri.Harshendra for Sri.Shamanth S.N., learned counsel for respondent/decree holder. Perused the writ petition papers.
3. Learned counsel for the petitioner would submit that the decree dated 12.03.2022 in O.S.No.995/2017 for recovery of a sum of Rs.31,10,000/- is put into execution. -3-
NC: 2023:KHC:45199 WP No. 21323 of 2023 Learned counsel for the petitioner/judgment debtor would submit that the petitioner made payment during the pendency of Execution Petition and till the impugned order was passed, the petitioner made total payment of Rs.6,00,000/-. It is also submitted that the petitioner had made payment of Rs.1,00,000/- on the date of impugned order. It is submitted that the trial Court without taking note of the fact that the petitioner/judgment debtor was making payment and without considering the submission of the learned counsel for the petitioner that the petitioner would make payment in installments, the trial Court issued arrest warrant. Learned counsel Sri.G.Balakrishna Shastry also files a memo indicating payment schedule. The memo reads as follows:
PAYMENT SCHEDULE SUBMITTED BY THE PETITIONER:
1. Out of total sum of Rs.31,10,000/- due to the Respondent, the petitioner jhas made payment of Rs.11,00,000/- as hereunder:-4-
NC: 2023:KHC:45199 WP No. 21323 of 2023
(a) 20.04.2023 :: Rs.2,00,000/-
(b) 19.06.2023 :: Rs.2,00,000/-
(c) 09.08.2023 :: Rs.2,00,000/-
(d) 04.09.2023 :: Rs.1,00,000/-
(e) 30.09.2023 :: Rs.2,00,000/-
(f) 30.09.2023 :: Rs.2,00,000/-
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Rs.11,00,000/-
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2. The petitioner submit that he will make payment in respect of the balance of decretal amount of Rs.20,10,000/- as under:-
(a) 16.12.2023 : Rs. 2,00,000/-
(b) 16.01.2024 : Rs. 2,00,000/-
(c) 16.02.2024 : Rs. 2,00,000/-
(d) 16.03.2024 : Rs. 2,00,000/-
(e) 16.04.2024 : Rs. 2,00,000/-
Total Rs.10,00,000/-
Total repayment as on 16.04.2024 is
Rs.21,00,000/-
3. Payment of balance of Rs.11,10,000/- will be made as under:--5-
NC: 2023:KHC:45199 WP No. 21323 of 2023
(a) 16.06.2024 : Rs. 2,00,000/-
(b) 16.08.2024 : Rs. 2,00,000/-
(c) 16.10.2024 : Rs. 2,00,000/-
(d) 16.12.2024 : Rs. 2,00,000/-
(e) 16.02.2025 : Rs. 2,00,000/-
(f) 16.04.2025 : Rs. 1,10,000/-
-------------------
Total Rs.11,10,000/-
-------------------
Total sum of Rs.31,10,000/- due to the Respondent to be paid as above."
4. The memo is signed by the petitioner/judgment debtor. The petitioner undertakes to make payment in terms of payment schedule indicated in the memo, which learned counsel for the respondent on behalf of respondent accepts the same. The present writ petition stands disposed in terms of the memo dated 12.12.2023. The petitioner shall adhere to the payment schedule indicated in the memo. In case of two consecutive defaults, the respondent/decree holder would be at liberty to proceed with the execution proceedings. -6-
NC: 2023:KHC:45199 WP No. 21323 of 2023
5. In view of the above, the writ petition stands disposed of. The impugned order dated 04.09.2023 issuing arrest warrant against the petitioner is set aside.
Sd/-
JUDGE MPK CT:RS List No.: 1 Sl No.: 53