Sri. N. A. Shivakumar vs Syndicate Bank on 16 January, 2018

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Karnataka High Court

Sri. N. A. Shivakumar vs Syndicate Bank on 16 January, 2018

Bench: A.S. Bopanna

                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF JANUARY, 2018

                       BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

        WRIT PETITION NO.2583/2017 (GM-RES)

BETWEEN:

SRI N.A. SHIVAKUMAR
S/O. AMRUTHAIAH
AGED ABOUT 42 YEARS
ASST. TEACHER, GHPS
MARANAYAKANAHALLI
ANEKAL TALUK-562 106
BANGALORE DISTRICT.                    ...PETITIONER

(BY SRI BYREDDY C., ADV.)

AND:

1.     SYNDICATE BANK
       ANEKAL BRANCH
       ANEKAL TALUK
       BANGALORE DISTRICT-562 106
       REPRESENTED BY ITS
       SENIOR BRANCH MANAGER.

2.     V. HANUMANTHAIAH
       S/O. VENKATAPPA
       AGED ABOUT 53 YEARS
       GMPS, IMMADIHALLI
       WHITEFIELD
       BANGALORE SOUTH DISTRICT
       BANGALORE-560 066.            ...RESPONDENTS

(BY SRI M. MOHAN RAO, ADV. FOR R1;
    R2 IS SERVED)
                             2



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 TO PERMIT THE PETITIONER TO OPERATE
THE SALARY ACCOUNT OF THE PETITIONER WHICH IS
MAINTAINED IN THE R-1 AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                         ORDER

The petitioner is seeking issue of mandamus to direct the respondents to permit the petitioner to operate the salary account of the petitioner and in that light, not to deduct the amount from the account. The petitioner is further seeking that the amount already deducted be remitted back.

2. Though such prayer is made in the instant petition, the objection filed by the respondent No.1 and the documents produced along with the same would indicate that the respondent No.1-Bank is exercising their right since, the petitioner is the guarantor in respect of the loan advanced to respondent No.2.

3. In that view of the matter, if at all the petitioner has any grievance, the same is to be resolved 3 in an appropriate proceedings and such issues relating to contractual matter cannot be decided in a writ petition of the present nature. If at all any loss is caused to the petitioner due to the respondent No.2 not repaying the amount to the respondent No.1, that is also an aspect regarding which the petitioner may avail the remedies in accordance with law.

4. To enable the petitioner to avail his remedies in accordance with law and keeping open all contentions, the instant petition stands disposed of.

Sd/-

JUDGE ST

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