IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.21665-667 OF 2017 (GM-RES) BETWEEN:
1. FINECORE CABLES PVT LTD A PRIVATE COMPANY LIMITED BY SHARES AND INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.10, 1ST CROSS, JOURNALIST COLONY, J.C.ROAD, BENGALURU-560 002 KARNATAKA.
AND HAVING ITS FACTORY AT NO.427-P, P-1 AND P-II HEBBAL INDUSTRIAL AREA, HEBBAL, MYSURU-571016 KARNATAKA REPRESENTED HEREIN BY ITS CHAIRMAN AND MANAGING DIRECTOR, MR. ANSAR KHAN 2. MR. ANSAR KHAN SON OF MAHAMOOD KHAN AGED ABOUT 62 YEARS, CHAIRMAN AND MANAGING DIRECTOR, FINECORE CABLES PVT LTD., RESIDING AT NO.6-1/1, 1ST FLOOR, 1ST CROSS, JOURNALIST COLONY, J.C.ROAD, BENGALURU-560 002 KARNATAKA.
3. MR KALIMULLA SHARIFF SON OF MOHIDDIN SHARIFF AGED ABOUT 54 YEARS, EXECUTIVE DIRECTOR, FINECORE CABLES PVT LTD., RESIDING AT NO.G/3, PAKEEZA MARKET, M.S.ALI ROAD, MUMBAI-400 008 MAHARASHTRA. … PETITIONERS (By Mr. PREDEEP NAYAK, ADV. FOR Mr. ARUN SRI KUMAR ADV.) AND:
1. STATE BANK OF INDIA COMMERCIAL BRANCH, NO.7/3, MRN SIGNATURE, VISHWAMANAVA DOUBLE ROAD, SARASWATHIPURAM, MYSURU-570 009 KARNATAKA, REPRESENTED BY ITS BRANCH MANAGER.
2. THE CHIEF MANAGER (GB) ADMINISTRATIVE OFFICE, BENGALURU ZONE-2, NW-2 NEW ANNEXE BUILDING, LHO CAMPUS, ST.MARKS ROAD, BENGALURU-560 001 KARNATAKA.
3. DEPUTY GENERAL MANAGER ( B&O) STATE BANK OF INDIA, ADMINISTRATIVE OFFICE, BENGALURU ZONE-2, NW-2 NEW ANNEXE BUILDING, LHO CAMPUS, ST.MARK’S ROAD, BENGALURU-560 001 KARNATAKA … RESPONDENTS (By Smt. LAKSHMI ADV. FOR Mr. KEERTHI KUMAR D NAIK ADV., FOR R1 & R2, V/O DTD 8.05.17 R-3 SERVED THROUGH HAND SUMMONS R3 - SERVED, Mr. G A K GOWDA ADV. FOR R4-R6) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents herein to immediately and forthwith permit the P-1 to operate its current account bearing number 10296588204 maintained with the State Bank of India (At its Saraswathipuram (Mysuru) Branch) under the signature of the p-2 (or any other person duly authorized from time to time by the board of directors of the p-1) and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Pradeep Nayak, learned counsel for Sri.Arun Sri Kumar, learned counsel for the petitioners.
Smt.S.Lakshmi, learned counsel for Sri.Keerthi Kumar D.Naik, learned counsel for the respondent Nos.1 and 2.
Sri.G.A.K.Gowda, learned counsel for the respondent Nos.4 to 6.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia have prayed for the following reliefs:
1. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the Respondents herein to immediately and forthwith permit the petitioner No.1 to operate its current account bearing number 10296588204 maintained with the State Bank of India (At its Saraswathipuram (Mysuru) Branch) under the signature of the petitioner No.2 (or any other person duly authorized from time to time by the Board of Directors of the petitioner No.1);
2. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the Respondents herein to immediately and forthwith return to the petitioners all collateral documents and securities furnished at any time to the Respondents by and on behalf of the petitioner No.1;
3. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the Respondents herein to immediately and forthwith furnish to the petitioners an attested true copy of the bank statement of the petitioner No.1 company for its current account bearing No.10296588204, for the period from 01.04.2004 till date 4. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the Respondents herein to pay damages and compensation to the petitioners in a sum of Rs. 10,00,00,000(Rupees Ten crores only), or such larger sum as deemed fit by this Hon’ble Court in the circumstances of the case, for having arbitrarily and illegally denied the petitioners access to their banking account, and having thus brought the company to a standstill and destroyed its marker reputation;
5. Grant costs of this petition to the petitioner; and 6. Pass such other or further orders in favour of the petitioner, as may be deemed fit and necessary in the interest of justice and equity.
4. After arguing the matter to some extent, learned counsel for the petitioners submitted that the petitioners be granted liberty to approach the banking ombudsman with regard to their reliefs.
5. In view of the aforesaid submissions, the petitioners are granted liberty to approach the banking ombudsman. Needless to state that if the petitioners approach the banking ombudsman with regard to their grievance, the banking ombudsman shall decide the complaint filed by the petitioners in accordance with law preferably within four months from the date of receipt of such complaint, after hearing the necessary parties.
With the aforesaid observation, the petitions are disposed of.
Sd/- JUDGE RV