Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 19145 (KAR)

SMT. SARASWATHI K v. SHANKAR K

CCC/261/2025 · 2025-03-28

K V Aravind, N V Anjaria Cj

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13190-DB CCC No. 261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CIVIL CONTEMPT PETITION No. 261 OF 2025 BETWEEN: 1. SMT. SARASWATHI K., W/O LATE R. RAMESH, AGED ABOUT 43 YEARS, RESIDING AT FLAT No. TF1, 3RD FLOOR, NAVARATNA APARTMENTS, NAJAMMA BLOCK, MANORAYANAPALYA, 1ST CROSS, DODAMMA LAYOUT, BENGALURU-5600 32. …COMPLAINANT (BY SRI NISHANTH NANDAGOPAL, ADVOCATE) AND: 1. SRI SHANKAR K., AUTHORIZED OFFICER, M/S RELIANCE COMMERCIAL FINANCE LTD., HAVING REGISTERED OFFICE AT: RELIANCE CENTRE, SOUTH WING, OFF WESTERN EXPRESS HIGHWAY, SANTA CRUZ EAST, MUMBAI-400055. ALSO, AT No. 39, 30TH CROSS ROAD, TILAK NAGAR, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13190-DB CCC No. 261 of 2025 BANNERGHATTA ROAD, BENGALURU-560029. …ACCUSED THIS CCC IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, BY THE COMPLAINANT PRAYING TO DECLARE THAT THE ACCUSED ARE GUILTY OF CONTEMPT OF THE ORDER DATED 22/08/2024, IN WP No.21507/2024 (AT ANNEXURE-A) AND PUNISH THE ACCUSED FOR A TERM OF SIX MONTHS AND IMPOSE A FINE IN ACCORDANCE WITH LAW. THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) This contempt petition relates to alleged non-compliance of the order dated 22.08.2024 passed by learned Single Judge. 2. While disposing of the writ petition, it was observed by learned Single Judge that the petitioner having deposited the entire loan amount and having been handed over the physical possession of the secured asset, the petition is rendered infructuous. However, it was further observed that the - 3 - NC: 2025:KHC:13190-DB CCC No. 261 of 2025 respondent-Bank is under an obligation to return all the mortgaged title deeds to the petitioner. 3. Though observation was made about the obligation of the respondent-Bank as above, no time limit was indicated by learned Single Judge for discharge of the said obligation to return the mortgage title deeds. 4. In the circumstances, this contempt petition is not entertained. 5. It is disposed of by observing that the respondent-Bank shall proceed to comply with the directions of learned Single Judge to return all the mortgaged title deeds to the complainant in accordance with law, within eight weeks from today. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 6