MADAN MOHAN V/S STANDARD CHARTERED BANK DT: 15/04/2009
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
WRIT PETITION No.9883/2009 (GM-RES)
& 10016 -10019/2009
Sri. MADAN MOHAN
By Sri M G KUMAR LAW FIRM
STANDARD CHARTERED BANK
By M/s the firm Adv. for C/R.
Pending issue of Rule nisi in the aforesaid Writ Petition it is hereby ordered by this Court on Wednesday THE 15th day of April 2009
BY Hon’ble Mr. Justice N.K. PATIL
O R D E R
Learned counsel appearing for respondent -Bank has filed a memo dated 15th April 2009. The same is taken on record.
Learned counsel for petitioner has filed a memo dated 15th April 2009 duly signed by the petitioner and attested by learned counsel for petitioner, stating that, the petitioner is handing over a cheque dated 15th April 2009 bearing No. 079012 for a sum of Rs. 09,17,440/- (Rupees Nine Lakhs Seventeen Thousand Four Hundred Forty Only) drawn in favour of the respondent – Bank in respect of 20 equated monthly instalments at the rate of Rs. 45,872/- per month as per the memo of calculation furnished by the respondent today. Further, petitioner has prayed this court to direct the respondent Bank to tr-re-deliver the possession to the petitioner until further orders from this Court.
The statements made by the learned counsel for petitioner dated 15th April 2009 as stated supra is placed on record.
Learned counsel for respondent – Bank has received the cheque dated 15th April 2009 bearing No.079012 for a sum of Rs. 09,17,440/- under protest, subject to encashment of the said cheque from the petitioner’s Account.
Having regard to the facts and circumstances of the case, as stated above, the respondent -Bank is directed to restore possession of the property bearing Old Nos. 93, 94, 95, 96 & 97, New Nos. 99.100,101, 102 and 103 situate in Chick Bazar Road, Shivajinagar, Ward No. 78, Bangalore consisting of the basement, first , second, and third floors now standing thereon bearing PID No. 78-42-99, forthwith, for a period of two weeks from today.
Re-list this matter next week to enable the learned counsel for respondent – Bank to take necessary instructions in the matter and file his objections.