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2025 DAILYLAW 29870 (KAR)

M/S HDFC BANK LTD v. SMT. CHANDRIKA

WP/18882/2025 · 2025-07-04

S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24100 WP No. 18882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 18882 OF 2025 (GM-CPC) BETWEEN: M/s. HDFC BANK LTD., (FORMERLY HDFC LTD. PRIOR TO AMALGAMATION) A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT HDFC BANK HOUSE, SENAPATI BAPAT MARG, LOWER PAREL W, MUMBAI 400 013. ALSO HAVING OFFICE AT H.D.F.C. HOUSE, NO. 51, KASTURBA ROAD, BENGALURU 560 001. REP BY MR. SHRIDHAR CHINNI SENIOR MANAGER, RETAIL PORTFOLIO MANAGEMENT. …PETITIONER (BY SRI VARUN S.,ADVOCATE) AND: 1. SMT. CHANDRIKA, W/O. LATE SETHU MADAVAN, AGED ABOUT 66 YEARS, NO.8, SPADIKOM, BETHEL MISSION CROSS ROAD, HAL POST, ANNASANDRA PALYA, BENGALURU - 560 068. 2. MR. K KANTHARAJ, S/O. KAVERAPPA, AGED ABOUT 42 YEARS, R/A. NO.155, 2ND AVENUE TEACHERS COLONY, VENKATAPURA, KORAMANGALA 1ST BLOCK, BENGALURU - 560 034. 3. MR. HARINATH CHOWDARY, S/O V. CHALAPATHI, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24100 WP No. 18882 of 2025 AGED ABOUT 41 YEARS, KAMMANAVARI PALLI, PUTTAPARTHY MANDAL, ANANTHAPURA DISTRICT, ANDHRA PRADESH-515 134. 4. MRS. SUJATHA, AGED ABOUT 58 YEARS, W/O. MR. RAJU NO.46, 1ST CROSS, G.M. PALYA, NEW THIPPASANDRA, BENGALURU 560 075. 5. MRS. PUSHPALATHA B.P., AGED ABOUT 28 YEARS, D/O PUTTARAJU, NO.54/3, 10TH CROSS, VENKATAPURA, NEAR YELLAMMA TEMPLE, KORAMANGALA, BENGALURU -560 034. 6. SMT. SAROJA C, AGED ABOUT 74 YEARS, W/O. MUKUNDAN PADMALAYAM, CHANTHAPURA, KUZHALMANNAM 1, COYALMANNA PALAKKAD, KERALA - 678 702. 7. MRS. SUSEELA C., AGED ABOUT 65 YEARS, W/O SWAMINATHAR, SHIVA TEMPLE, VANDITHAVAMM, PATTANCHERY, PALAKKAD, KERALA 678 532. 8. MRS. SHYAMALA C., AGED ABOUT 59 YEARS, W/O. BALACHANDRAN P. CHANDHAPURA FATHIMA MEDICALS, KUZHALMANNAM 1, COYALMANNA, PALAKKAD, KERALA 578 702. 9. MS. SHAALINI SETHUMADHAVAN, AGED ABOUT 37 YEARS, D/O. LATE SETHU MADHAVAN, - 3 - HC-KAR NC: 2025:KHC:24100 WP No. 18882 of 2025 NO.10, CAIN CT. MONTVILLE TOWNSHIP, NJ 07045. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 12TH FEBRUARY 2025 PASSED BY THE LD. XXII ADDITIONAL CITY CIVIL AND SESSIONS COURT, BENGALURU (CCH 7), IN O.S. NO.7455 OF 2022 ON I.A. NO.9 OF 2024 FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 (A) R/W. SECTION 94(C) AND (E) AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 (ANNEXURE A). & ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER This writ petition by the defendant No.4 in O.S.No.7455/2022 on the file of the XXII Additional City Civil and Sessions Judge at Bengaluru City (CCH-7) is directed against the order dated 12.02.2025 rejecting I.A.No.9 filed under Order 39 Rule 1(A) read with Section 94(c) and (e) of CPC. - 4 - HC-KAR NC: 2025:KHC:24100 WP No. 18882 of 2025 2. Order 43 Rule 1(r) of CPC provides appeal remedy to the petitioner. Therefore, this writ petition stands dismissed with liberty to the petitioner to avail appeal remedy. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 18