IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53268 OF 2017 (GM-RES) BETWEEN:
M/S DHANURDHARINI POLYMERS PVT LTD., NO.37/12-1, ARCHANA COMPLEX, 4TH CROSS, LALBAGH ROAD, BENGALURU - 560 027.
REP. BY ITS DIRECTOR SMT. NUPUR RAMSISARIA, AGED ABOUT 45 YEARS.
(BY SRI. PARAS JAIN, ADV.) AND:
… PETITIONER STATE BANK OF INDIA, (FORMERLY SBM), STRESSED ASSETS RESOLUTION CENTRE, 1ST FLOOR, BKG COMPLEX, III BLOCK, AVENUE ROAD, BENGALURU 560 009.
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO RESPONDENT BANK CALLING UPON IT TO DELIVER ALL THE ORIGINAL DOCUMENTS OF TITLE PERTAINING TO THE PROPERTY BEARING MUNICIPAL CORPORATION NO.3, LOCATED AT 3RD MAIN ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU, FROM THE RESPONDENT BANK, UNDER SALE CERTIFICATE DTD. 27.7.2017 VIDE ANNEX-A REGISTERED AS DOCUMENT NO.04313/2017-18 IN THE OFFICE OF THE SUB- REGISTRAR JAYANAGAR, BENGALURU AND SAME IS STORED IN C.D.JAYD303 DTD.10.8.2017 IN BOOK-1 VIDE ANNEX-A LAYING WITH IT, INCLUDING REVENUE RECORDS, TAX RECEIPTS, ENCUMBRANCE CERTIFICATES, SPECIAL NOTICES ISSUED BY THE LOCAL BODY, MOTHER DOCUMENTS OF TITLE, AND SUCH OTHER RECORDS PERTAINING TO THE SAID PROPERTY AND PRAYS FOR SUCH OTHER RELEIFS AS THIS HON'BLE COURT DEEM FIT TO GRANT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING COSTS ACTUALLY SPENT BY THE PETITIONER INCLUDING ADVOCATES FEES AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Paras Jain, learned counsel for the petitioner.
In this petition, the petitioner inter alia seeks for a direction to respondent Bank to return the original documents.
2. In view of the relief sought, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to consider and decide the representation submitted by the petitioner in accordance with law, if not already decided, by a speaking order within a period of six weeks from the date of receipt of certified copy of the order passed today. Ordered accordingly.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid direction, the petition is disposed of.
Sd/- JUDGE Mds/-