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Karnataka High Court

Mr Mohammed Zainul Abedeen vs The Competent Authority on 11 April, 2022

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11 T H DAY OF APRIL, 2022

                       BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

            MFA NO.3109 OF 2022 (RES)

BETWEEN:

1.   Mr. Mohammed Zainul Ab edeen
     S/o Mohammed Abdul Khaliq
     Aged 49 years

2.   Mrs. Shazia Fahima
     W/o Mohammed Zainul Abedeen
     Age 40 years

     Applicant No.1 and 2 are
     Residing at First Floor
     Northern Portion, Flat No.104
     No.9, Park Road
     Taskar Town
     Beng aluru-560 051.
                                           ...App ellants
(By Sri S. Noormohammed , Advocate)


AND:

1.   The Competent Authority
     For-IMA Group of Comp anies/
     Regional Commissioner -(Rev)
     Beng aluru Division, Beng aluru
     2 n d Floor, BMTC Complex
     K.H Road , Shanthi Nag ar
     Beng aluru-560 027.

2.   I Monetary Advisory
     A Comp anies Reg istered und er the
     Provisions of Comp anies Act
                               :: 2 ::


      Represented by Managing Director
      Mohammed Mansoor Khan, No.56/4
      1 s t Floor, Nand i Build ing
      Hospital Road, Shivajinag ar
      Beng aluru-560 001.

3.    Mr. Mohammed Mansoor Khan
      S/o Abid Ali Khan
      Age about 42 years
      R/at No.9, Pent House
      Bythal Mariyam Apartments
      5 t h Floor, Park Road , Tasker Town
      Bang alore-560001.
                                                      ...Respondents


      This MFA is filed under Section 16 of Karnataka
Protection    of   Interest     of    Depositors       in    Financial
Estab lishment     Act     2004,     ag ainst   the    ord er   dated
07.03.2022 in Misc. No.695/2019 on the file of the
XCI   Additional    City    Civil    and   Sessions      Judge     and
Special Judge for KPIDFE cases, Beng aluru (CCH-92),
allowing the petition filed und er Section 5(2) of the
KPIDFE Act -2004.


      This MFA coming on for orders this d ay, the
Court delivered the following:

                           JUDGMENT

In view of dismissal of MFA No.3045/2022 and other connected appeals, this appeal does not survive. This appeal is also dismissed in terms of the reasons given in MFA No.3045/2022. However :: 3 ::

liberty is given to the appellants to approach the competent authority as observed in the order passed in MFA No.3045/2022. In view of dismissal of this appeal, all pending applications stand disposed of, as they do not survive for consideration.
Sd/-
JUDGE Kmv/-