IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39206 OF 2018 (GM-RES) BETWEEN:
KARNATAKA STATE MINERALS CORPORATION LIMITED (FORMERLY CALLED AS MYSORE MINERALS LIMITED) A GOVERNMENT OF KARNATAKA UNDERTAKING REPRESENTED BY ITS MANAGING DIRECTOR, TTMC "A" BLOCK, 5TH FLOOR, BMTC BUILDING, K. H. ROAD, SHANTINAGAR, BANGALORE-560 217. … PETITIONER (BY MR.CPATAIN ARVIND SHARMA, ADV.) AND:
1. VIJAYA BANK (A GOVERNMENT OF INDIA UNDERTAKING) HEAD OFFICE, NO.41/2, M.G. ROAD, BANGALORE-560 001, REPRESENTED BY THE MANAGING DIRECTOR & CEO.
2. VIJAYA BANK SANKEY ROAD BRANCH, NO.19, SANKEY ROAD, BANGALORE-560 020, REPRESENTED BY ITS MANAGER.
3. VIJAYA BANK BEGUR BRANCH, SR TOURIST COMPLEX, BEGUR, GUNDLUPET TALUK, CHAMRAJNAGAR DISTRICT, KARNATAKA-571 109, REPRESENTED BY ITS MANAGER.
4. CENTRAL BUREAU OF INVESTIGATION ANTI-CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGA NAGAR, BANGALORE-560 03 … RESPONDENTS (BY MR.NAGARAJ DAMODAR, ADV. FOR R-1 TO 3 MR.P.PRASANNA KUMAR, ADV. FOR R-4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS A JUDGMENT AND DECREE IN FAVOUR OF THE PETITIONER AND AGAINST THE RESPONDENTS FOR THE FOLLOWING RELIEFS; DIRECT R-1 TO 3 TO RETURN SUM OF RS.15 CRORES BEING THE AMOUNT DEPOSITIED BY THE PETITIONER.DIRECT THE R-1 TO PAY INTEREST ON THE FIXED DEPOSIT AMOUNT AT THE RATE OF 18% P.A. FROM THE DATE OF DEPOSIT UNTIL THE DATE OF THE PAYMENT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner is seeking for a writ of mandamus directing respondent Nos.1 to 3 to return sum of Rs.15 Crores being the amount deposited by the petitioner.
3. Accordingly, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS