HULUVADI G RAMESH, K. B. SANGANNANAVAR, M. DIVYASHREE
V. N. Lakshminarayana – Appellant
Versus
K. B. Dyavegowda – Respondent
ORDER
K.B. Sangannanavar, Pri. Dist & Session Judge (R) - Judicial Member—This is an appeal filed U/s.73 of CPA 2019 by Jdr/Appellant aggrieved by the order dtd.19.08.2023 passed in EA/36/2022 on the file of Hassan District Commission. (The parties in this appeal will be referred to as their rank assigned by the Commission below in EA/36/2022).
2. The matter is placed before the commission for hearing on admission. The Commission heard the learned counsel for Appellant/Jdr and perused the impugned order, grounds of appeal and appeal papers.
3. Learned counsel for Jdr submits that the Commission below failed to appreciate provisions of Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (KPIDFE) and failed to appreciate the fact that Mr.V.N.Lakshminarayan, was not a arrayed as a party by name in CC/80/2016 on the file of Hassan District Commission. He further submits that properties of Hindustan Infracon (India) Ltd., i.e. Jdr is already attached under KPIDFE Act 2004 and to that affect CCH 92 Additional City Civil and Sessions Judge, Bengaluru on 30.10.2021 in Misc.No.615/2019 allowed the petition filed U/s.5(2) R/w Sec.11(1) of KPIDFE Act 2004 and
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