High CourtsSingle Bench(2022) 12 KAR CK 0031

M/S National Minerals vs M/S Canara Bank Sme Peenya Branch 13th Cross, 4th Phase, Peenya Industrial Area Bangalore - 56005

Karnataka High Court · Decided on 27 December 2022

HON’BLE JUDGES
E.S. Indiresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 21581 Of 2022 (GM-RES)

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Judgment

10 paragraphs · 238 words

E.S. Indiresh, J

1.

Smt. Natasha N.M, learned counsel accepts notice for respondent-Bank on behalf of Sri. Vignesh Shetty, learned counsel representing the respondent-Bank.

2.

Heard Sri.B.R.Ravishankar, learned Senior Counsel appearing on behalf of Sri. Ajay Kumar.N, learned counsel appearing for the petitioner and Smt. Natasha.N.M, learned counsel appearing for the respondent Bank.

The prayer made in the writ petition reads as under:-

WEREFORE, the petitioner prays that this Hon'ble Court be pleased:-

a) To Issue a Writ of Mandamus or any other Writ directing the Respondent Bank to allow the Petitioner to remove/shift the Machineries grouted in the Schedule Property by stipulating a timeline by this Hon'ble Court.

b) To Issue such other Writ or Order as this Hon'ble Court may deem fit in the circumstances of the case in the interest of justice and equity.

c) To grant costs of this Petition.

3.

Having taken out of the grievance urged by the petitioner in the present writ petition and also taking into consideration the arguments advanced by the learned counsel appearing for the party, the relief sought for by the petitioner seeking permission to remove/shift the machineries grouted in the schedule property is just and proper and accordingly, writ of mandamus is issued against the respondent-Bank to permit the petitioner to shift the machineries in the schedule property, accordingly, within 15 days from the date of receipt of this order.

Accordingly, writ petition is disposed of.