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2025 DAILYLAW 54226 (KAR)

MR B V SRINIVASREDDY v. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED

WP/19340/2022 · 2025-11-11

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45718 WP No. 19340 of 2022 C/W WP No. 15905 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19340 OF 2022 (GM-DRT) C/W WRIT PETITION NO. 15905 OF 2022 (GM-DRT) IN WP No. 19340/2022 BETWEEN: 1. MR. B.V. SRINIVASREDDY, S/O. B. VENKATASWAMY REDDY, AGED ABOUT 62 YEARS, R/AT NO.343/3, 10TH MAIN, 100 FT ROAD, HRBR LAYOUT, BANASAWADI, BENGALURU-560 043. 2. B.S. VINAY KUMAR, S/O. MR. B. V. SRINIVASREDDY, AGED ABOUT 34 YEARS, R/AT NO.343/3, 10TH MAIN, 100 FT ROAD, HRBR LAYOUT, BANASAWADI, BENGALURU-560 043. …PETITIONERS (BY M/s. P P HEGDE SENIOR COUNSEL FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: 1. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, DARE HOUSE, 2 NSC BOSE ROAD PARRYS CHENNAI-600 001 REPRESENTED BY AUTHORISED OFFICER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45718 WP No. 19340 of 2022 C/W WP No. 15905 of 2022 MR JANARDHAN T ITS A NON BANKING FINANCIAL INSTITUTION REGISTERED UNDER RBI VIDE CERTIFICATE NO.07-00306. 2. STATE OF KARNATAKA BY COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU-560001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA-560 001. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND/POSSESSION NOTICE DATED 05.10.2021 ISSUED BY R1 AND FURTHER PROCEEDINGS PURSUANT TO THE SAID NOTICE VIDE ANNEXURE-F AND ETC. IN WP NO. 15905/2022 BETWEEN: MR. B.S. VIJAY KUMAR S/O B V SRINIVAS REDDY AGED ABOUT 34 YEARS R/AT NO 345, 10TH MAIN 100 FT ROAD, H R B R LAYOUT BANASAWADI, BENGALURU - 560 043. ...PETITIONER (BY M/s. P P HEGDE SENIOR COUNSEL FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:45718 WP No. 19340 of 2022 C/W WP No. 15905 of 2022 AND: 1. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED DARE HOUSE 2, NSC BOSE ROAD, PARRYS CHENNAI - 600 001 REPRESENTED BY AUTHORISED OFFICER MR JANARDHAN T., ITS A NON BANKING FINANCIAL INSTITUTION REGISTERED UNDER RBI VIDE CERTIFICATE NO 07-00306. 2. STATE OF KARNATAKA BY COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU - 560001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA - 560 001 ...RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 28.06.2022 PASSED BY XI ADDL.CMM BENGALURU CITY IN CRL.MISC NO.50051/2022 AND ALL FURTHER PROCEEDINGS PURSUANT TO THE ORDER DATED 28.06.2022 VIDE ANNEXURE-H IN SO FAR AS THE PETITIONER AND HIS PROPERTY IN CONCERNED. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:45718 WP No. 19340 of 2022 C/W WP No. 15905 of 2022 ORAL ORDER Both these matters were referred for mediation by an order dated 05.08.2025 and before the Mediation Centre parties have entered into settlement. 2. As per the settlement, it was agreed that petitioners will pay an amount of Rs.28,00,000/- (Rupees Twenty Eight Lakhs Only) in full and final settlement and it is stated that the petitioner has already deposited a sum of Rs.15,28,188/- (Rupees Fifteen Lakhs Twenty Eight Thousand One Hundred Eighty Eight Only). However in the settlement it reflects an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) is deposited. 3. Learned Senior counsel appearing for the petitioners on instruction from the client, who is present before the Court, submits that he has no objection to withdraw an amount of Rs.15,28,188/-. Today a Demand Draft bearing No.651211 dated 16.09.2025 drawn on Union Bank of India, Banasawadi Branch, Bengaluru, for an amount of Rs.13,00,000/- (Rupees Thirteen Lakhs Only) is handed over to respondent No.1. Respondent No.1 is at liberty to withdraw the same. - 5 - HC-KAR NC: 2025:KHC:45718 WP No. 19340 of 2022 C/W WP No. 15905 of 2022 4. In the light of settlement, both writ petitions are disposed of. 5. Once the amount of Rs.13,00,000/- is withdrawn within ten days from thereon respondent No.1 shall hand over the documents as indicated in the Memorandum of Deposit of Title Deeds. SD/- (LALITHA KANNEGANTI) JUDGE SBN List No.: 1 Sl No.: 5