IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.501 OF 2019 (GM-CF) BETWEEN:
Raja Rao. S S/o V. Subbaiah, Aged about 75 years, Proprietor, Raju Watch Works, Sales and Service, M. G. Road, Kolar District – 563 101.
Rep. by its Foreman/Manager … Petitioner (By Sri. Rahul P, Advocate) AND:
1. M/s. Margadarsi Chits (K) Pvt. Ltd. No.717, Poorna Shashi Complex, 1st Floor, Modi Hospital Road, 2nd Stage, Basaveswara Nagar, Bengaluru – 560 086.
2 Dr. Harish. K. N., S/o. Sri. Narayanappa, Aged about 65 years, Proprietor, Harish Poly Clinic, Brahmins Street, Kolar – 563 101.
3. Yashoda. M W/o. Sri. Madhava Raju. M, Aged about 55 years, Proprietor, Heritage Marketers Ward, No.8, ‘Kalasha Bdhi’ Near Chamundeshwari Temple, Gulpet, Kolar – 563 101.
4. Bhagyalakshmi. R, W/o Sri. V.K. Nagendra Prasad, Aged about 55 years, No.360, Lakshmi Prasad Nilaya, Tekal Road, Beside SBM Bank, P. C. Extension, Kolar – 563 101.
5. Venkateshappa. V, S/o. Sri. Venkataramappa, Aged about 50 years, Tekal Road, Kolar – 563 101.
6. Nagendra Prasad V.K., S/o Sri. V. Kumarswamaiah, Aged about 62 years, No.360, Lakshmi Prasad Nilaya, Beside SBM Bank, PC Extension, Kolar – 563 101.
7. Bharathi Devi. T W/o Sri. S. Raja Rao, Aged about 65 years, No.1423, Kataripalya Main road, Near New Middle School, Kolar – 563 101.
(Notice to R-2 to R-7 is dispensed with v/o dated 28.01.2019) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the award dated 28.04.2017 in dispute on the file of the Deputy Registrar of Chits 1st Zone, Bengaluru Urban District vide Annexure-A and etc.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Rahul P., learned counsel for the petitioner.
2. Heard the learned counsel for the petitioner on the question of admission.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 28.04.2017 by which the executing Court has issued warrant on attachment of movable properties.
4. When the matter was taken up today, learned counsel for the petitioner submitted that he shall file objection to the warrant on attachment of movable properties before the executing Court and the executing Court be directed to decide the objection in accordance with law by a speaking order before proceeding with the matter.
5. In view of the aforesaid submissions and in the facts of the case, writ petition is disposed of with a direction that in case petitioner files objection to the warrant on attachment of movable properties within a period of one week from the date of receipt of certified copy of the order passed today, executing Court shall decide the same by a speaking order within a period of four weeks from the date of receipt of such an objection after affording an opportunity of hearing to the parties.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE Mds/-