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K. V. ARAVIND
Rajesh Kumar Shetty, S/O Gopal Shetty – Appellant
Versus
T. Subbaya Shetty S/O Late Krishna Shetty – Respondent
ORDER :
This writ petition has been preferred challenging the letters dated 28.11.2022 bearing No.PF:OR.No.495/2022- 23 and dated 24.04.2023 bearing No.KBL:479/GF30/2023- 24 by the second respondent in refusing to permit the petitioner withdrawing the fixed deposits of Rs.1,34,37,826/-.
2. It is the case of the petitioner that the first respondent -Sri T Subbaya Shetty filed O.S.No.302/2022 before the Court of Senior Civil Judge, Mangaluru, seeking the following prayers;
b) For permanent prohibitory injunction against the defendants from allowing any operation of the Bank Accounts, Release of Fixed Deposits, Government Bond or any other Securities, Locker by anybody claiming as Legal heirs of Mrs. Geetha T. Punja and Dr. P. Thimappa Punja.
c) Such other and further reliefs, as this Court deems fit to grant.
d) Costs of the suit.
3. In the said suit, petitioner was not made as a party. The first respondent filed an application under Order XXXIX, Rule 1 and 2 of CPC seeking temporary injunction against the defendants/banks prohibiting defendants from allo
The main legal point established in the judgment is the determination of the maintainability of a writ petition under Article 226 of the Constitution of India based on the status of the respondent as....
Disputed factual claims regarding fixed deposit entitlements require resolution through civil court, as Article 226 relief is not applicable. Claims may be additionally time-barred.
A private company collecting deposits from the public does not fall under 'Other Authorities' for writ jurisdiction without demonstrating public duty, rendering the petition non-maintainable.
High Courts should not entertain writ petitions under Article 226 of the Constitution against recovery notices issued under the SARFAESI Act or RDB Act, as these statutes are self-contained codes pro....
The court established that no writ could be issued under Article 226 of the Constitution to compel the bank to remedy a breach of contract in a non-statutory contract, unless there was a public inter....
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