IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.1285/2019 BETWEEN:
1. Moore Living India Building Solutions LLP a Limited Liability Partnership Firm, having its registered office at No.611, Somdutt Chambers-II No.9, Bikaji Cama Place New Delhi – 110 066. Represented by Founder Partner, Mr.Biswas Kumar.
2. Biswas Kumar s/o Gopalakrishnan aged about 49 years represented by its Founder Partner Moore Living India Building Solutions LLP, Presently 4th Floor Aastha Commercial Complex Sri Aurobindo Marg Sarvodaya Enclave New Delhi – 110017.
Presently at No.105 Kethana Residency 16th Cross, 1 `A’ Main Vignan Nagar Bangalore-560075. … Petitioners (By Sri Siji Malayil, Advocate) AND:
M/s.Gowri Infra Engineers Private Limited, A Company incorporated under the Companies Act having its Registered office at No.149 10th Main, RMV Extension Sadashiva Nagar, Bengaluru- 560080, represented by its Chairman and Managing Director, C P Umesha Presently at No.41, Ward No.41 Basaveshwara HBCS, 2nd Stage Attiguppe, Chandra Layout Bangalore-560 040. ... Respondent This petition is filed under Section 482 of Cr.PC praying to set aside the impugned order dated 7.11.2018 in C.C.No.18187/2016 passed by the XXVII Addl. C.M.M., Bengaluru and direct the Branch Head, Karnataka Bank Limited, Nehru Nagar Branch, Bengaluru to produce the original records and entire documents in connection with credit sanction intimation dated 22.9.2012 bearing sanction Ref. No.MDS LCFD 144/12-13 sanctioned in favour of M/s.Gowri Infra Engineers Private Limited and allow the present petition.
This petition is coming on for admission this day, the Court made the following:-
ORDER Petitioners have questioned the validity of the order dated 7.11.2018 in C.C.No.18187/2016 on application filed under Section 91 of Cr.PC.
2. Perusal of the reasons stated for rejection of the application filed under Section 91 of Cr.PC, there is no infirmity whatsoever. Thus, petitioner has not made out a case so as to interfere with the reasoning assigned in the order dated 7.11.2018.
3. At this juncture, learned counsel for the petitioners submitted that petitioners may be permitted to adduce necessary evidence during the trial in respect of issue in application filed under Section 91 of Cr.PC. Petitioners are at liberty to adduce evidence in accordance with law.
Accordingly, petition stands disposed of.
Sd/- JUDGE Bkm