Karnataka High Court
WP/36124/2024 of SRI KUMAR A Vs THE KARUR VYSYA BANK LTD on 31 December 2024
2024:KHC:53359 WP No. 36124 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36124 OF 2024 (GM-RES) BETWEEN: SRI KUMAR A S/O SRI. ANNADANAPPA, AGED 53 YEARS, RESIDING AT NO.146/2, 4TH
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ -WRIT PETITION NO. 36124 OF 2024 (GMRES)BETWEEN:
SRI KUMAR AS/O SRI. ANNADANAPPA, AGED 53 YEARS, RESIDING AT NO.146/2, 4[TH] CROSS, 8[TH] MAIN, BHUVANESHWARI NAGAR, T DASARAHALLI, BANGALORE-560057 (BY SMT. SANDHYA U PRABHU., ADVOCATE)
…PETITIONER
AND:
THE KARUR VYSYA BANK LTDREPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, REGISTERED OFFICE, ERODE ROAD, KARUR-639002
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT BANK TO ACCEPT THE DEMAND DRAFT OF RS. 2,10,000/- (RUPEES TWO LAKHS TEN THOUSAND ONLY) BEARING NO. 012013 DATED 26/12/2024 DRAWN ON AXIS BANK, 8TH MILE BRANCH IN THE NAME OF PETITIONER TO THE LOAN ACCOUNT OF PETITIONER PRODUCED AT ANN-C AND A CHEQUE BEARING NO. 082696 DATED 30/12/2024 PRODUCED AT ANN-D AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a.Issue a writ of Mandamus directing the respondent Bank to accept the demand draft of Rs.2,10,000/- (Rupees Two Lakhs Ten thousand only) bearing No. 012013 dated 26.12.2024 drawn on Axis Bank, 8[th]Mile Branch in the name of petitioner to the loan account of petitioner produced at Annexure-C and a cheque bearing No. 082696 dated 30.12.2024 produced at Annexure-D. Bank to accept the demand draft of Rs.2,10,000/- (Rupees Two Lakhs Ten thousand only) bearing No. 012013 dated 26.12.2024 drawn on Axis Bank, 8[th]Mile Branch in the name of petitioner to the loan account of petitioner produced at Annexure-C and a cheque bearing No. 082696 dated 30.12.2024 produced at Annexure-D.
b.Grant any other relief as this Hon’ble Court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity.fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity.
2. The Division Bench of this Court vide its order dated 17.12.2024 passed in W.A.No.83/2024 has categorically held that all the claims of the parties shall be worked out in proceedings No.S.A.No.99/2024 pending before the Debt Recovery Tribunal. 17.12.2024 passed in W.A.No.83/2024 has categorically held that all the claims of the parties shall be worked out in proceedings No.S.A.No.99/2024 pending before the Debt Recovery Tribunal.
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NC: 2024:KHC:53359
WP No. 36124 of 2024
3. In that view of the matter, the above petition is not sustainable. Reserving liberty to the petitioner to comply with the orders of the Hon’ble Division Bench of this Court, the petition stands dismissed.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS
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