Karnataka High Court
Canara Bank vs State Of Karnataka on 23 January, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 25577 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 25577 OF 2022 (GM-RES)
BETWEEN:
1. CANARA BANK
ARM-I BRANCH
2ND FLOOR
CIRCLE OFFICE
SPENCER TOWER
NO.86, M.G. ROAD
BANGALORE-560001
THROUGH ITS CHIEF MANAGER
MR. PAWAN CHATURVEDI
...PETITIONER
(BY SRI. VIGNESH SHETTY, ADVOCATE)
AND:
Digitally
1. STATE OF KARNATAKA
signed by THROUGH SARJAPUR POLICE STATION
PADMAVATHI
BK SARJAPUR BANGALORE-562125.
Location: REPRESENTED BY STATION HOUSE OFFICER
HIGH COURT
OF
KARNATAKA 2. M/S. ADITYA AUTO ENGINEERING PVT LTD
REP. BY ITS DIRECTOR, SRI GOPAL REDDY
SY NO.192/1, MUNIREDDY INDUSTRIAL ESTATE
NEAR GOKULDAS, 3RD PHASE
HOSUR ROAD
BOMMASANDRA INDUSTRIAL AREA
BANGALORE-560086
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WP No. 25577 of 2022
ALSO AT NO.195, 1ST A CROSS
8TH MAIN ROAD
JAYANAGAR I BLOCK EAST, BYRASANDRA
BANGALORE-560011.
3. SRI GOPAL REDDY
S/O LATE BHADRA REDDY
AGED ABOUT 48 YEARS
NO.232, 2ND CROSS, ANEKAL ROAD
NEAR CANARA BANK
TEACHER S COLONY
CHANDAPURA
BANGALORE-560099.
4. SRI RAMESH REDDY @ K RAMESH
S/O LATE GOWDARA KONDA REDDY
NO.54, GOPASANDRA, ANEKAL TALUK
BANGALORE-560100.
5. SRI VELUMURUGAN
NO.21537, BEGUR ROAD
NEAR CSI CHURCH, SENTHILNAGAR
ZUZUVADI KRISHNAGIRI
TAMIL NADU-635126.
6. SRI GANESH G N @ GOPASANDRA
NARAYANA REDDY NAGESH
S/O SRI NARAYANA REDDY
NO.56, GOPASANDRA, ANEKAL
PIN-560099.
7. SMT NITHYA RAMESH
NEAR MILK DAIRY, GOPASANDRA VILLAGE
MUTHANALLU, ANEKAL
BANGALORE-560099.
8. SRI S PUSHPA @ PUSHPA SUBBA REDDY SARJAPURA
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WP No. 25577 of 2022
W/O SRI NAGESH G N
NO.56, GOPASANDRA, MUTHANALLUR
BANGALORE-560099.
9. SMT RADHAMMA
W/O SRI GOPAL REDDY B
NO.232, 2ND CROSS, ANEKAL ROAS
NEAR CANARA BANK
TEACHER S COLONY
CHANDAPURA
BANGALORE-560099.
10. SMT YASHODAMMA
W/O LATE S V SUBBA REDDY
NO.76, SARJAPURA VILLAGE
SARJAPURA HOBLI
3RD DIVISION
ANEKAL TALUK
BANGALORE-560099.
...RESPONDENTS
(BY SRI. M. VINOD KUMAR, AGA FOR R-1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R1
TO ACT AS PER THE ORDER DATED 12.07.2022 PASSED BY
THE LEARNED CJM, BANGALORE IN CRL. MISC. CASE NO.
342/2022- ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 25577 of 2022
ORDER
The petitioner is before this Court seeking the following prayer:
a) Issue a Writ of mandamus or any other Writ, Order or direction to the respondent no.1 to act as per the order dated 12.07.2022 passed by the Learned CJM, Bangalore in Crl. Misc. Case No.342/2022 - (Annexure - B).
b) Further be pleased to grant any other relief or reliefs that this Hon'ble Court may deem fit and proper under the circumstances and facts of the case including the cost of this proceedings, in the interest of justice and equity; and
c) Award costs of this Writ Petition.
2. Heard Sri. Vignesh Shetty, learned counsel appearing for the petitioner, Sri. M. Vinod Kumar, learned AGA appearing for respondent No.1 and have perused the material on record.
3. Respondent Nos.3 to 10 are borrowers from the hands of the petitioner-Canara Bank. The issue before this Court is implementation of the order passed by the learned -5- WP No. 25577 of 2022 Magistrate under Section 14 of the SARFAESI Act, 2002 ('Act' for short) by the Court Commissioner.
4. Learned AGA would submit that, if a representation is given to respondent No.1 - State, appropriate steps would be taken as is necessary under Section14 of the Act to implement the order passed by the learned Magistrate in Crl.Misc.No.342/2022.
5. Placing the submission on record, I deem it appropriate to dispose the petition by directing the petitioner to submit a representation to respondent No.1, so that respondent No.1 would act in accordance with law.
6. Learned counsel appearing for the petitioner at this juncture would submit that orally he has been informed that since there is a civil case is pending consideration in O.S.No.272/2022, no action can be taken by respondent No.1.
7. Learned counsel appearing for the petitioner is directed to mention the stage of the proceedings before the -6- WP No. 25577 of 2022 Civil Court in the representation and respondent No.1 shall take note of the same and take action in accordance with law.
With the aforesaid observations, the petition stands disposed.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 16