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2022 Supreme(Kar) 1191
IN THE HIGH COURT OF KARNATAKA
E.S. Indiresh, J.
M/s National Minerals - Appellant
Versus
M/s Canara Bank Sme Peenya Branch 13th Cross, 4th Phase, Peenya Industrial Area Bangalore - 56005 - Respondent
Writ Petition No. 21581 of 2022 (GM-RES)
Decided On : 27-12-2022
D.R. Ravishankar, Advocate, Natasha N.M., Advocate
The court has the authority to issue a writ of mandamus to direct the respondent to permit the petitioner to shift the machineries grouted in the schedule property.
Headnote:
Mandamus - Property Rights - The court issued a writ of mandamus directing the respondent Bank to permit the petitioner to shift the machineries grouted in the schedule property within 15 days.
Fact of the Case:
The petitioner sought a writ of mandamus to allow the removal/shift of machineries grouted in the schedule property.
Finding of the Court:
The court found the relief sought by the petitioner to be just and proper, and issued a writ of mandamus against the respondent Bank to permit the petitioner to shift the machineries within 15 days.
Issues: The main issue was the petitioner's request to remove/shift the machineries grouted in the schedule property.
Ratio Decidendi: The court considered the grievance urged by the petitioner and the arguments advanced by the learned counsel, and found the relief sought to be just and proper.
Final Decision: The writ petition was disposed of with the issuance of a writ of mandamus against the respondent Bank.
JUDGMENT
E.S. Indiresh, J. - Smt. Natasha N.M, learned counsel accepts notice for respondent-Bank on behalf of Sri. Vignesh Shetty, learned counsel representing the respondent-Bank.
2. Heard Sri.B.R.Ravishankar, learned Senior Counsel appearing on behalf of Sri. Ajay Kumar.N, learned counsel appearing for the petitioner and Smt. Natasha.N.M, learned counsel appearing for the respondent Bank.
The prayer made in the writ petition reads as under:-
WEREFORE, the petitioner prays that this Hon'ble Court be pleased:-
a) To Issue a Writ of Mandamus or any other Writ directing the Respondent Bank to allow the Petitioner to remove/shift the Machineries grouted in the Schedule Property by stipulating a timeline by this Hon'ble Court.
b) To Issue such other Writ or Order as this Hon'ble Court may deem fit in the circumstances of the case in the interest of justice and equity.
c) To grant costs of this Petition.
3. Having taken out of the grievance urged by the petitioner in the present writ petition and also taking into consideration the arguments advanced by the learned counsel appearing for the party, the relief sought for by the petitioner seeking permission to remove/shift the machineries grouted in the schedule property is just and proper and accordingly, writ of mandamus is issued against the respondent-Bank to permit the petitioner to shift the machineries in the schedule property, accordingly, within 15 days from the date of receipt of this order.
Accordingly, writ petition is disposed of.
