Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 64559 (KAR)

M/S PAVAMAN ISPAT PVT. LTD. v. SHRI K RAMAPPA S/O LATE NETAPPA

RP/100066/2022 · 2025-11-14

Pradeep Singh Yerur, S Sunil Dutt Yadav

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15589 RP No. 100066 of 2022 C/W RP No. 100067 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REVIEW PETITION NO.100066 OF 2022 C/W REVIEW PETITION NO.100067 OF 2022 IN RP NO.100066/2022: BETWEEN: BETWEEN: M/S.PAVAMAN ISPAT PVT.LTD. HAVING ITS REGISTERED OFFICE AT: PLOT NO.152, 1ST MAIN ROAD BASAVESHWARA NAGAR BELLARY-583 103 KARNATAKA REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE G.LAKSHMINARAYANA SETTY … PETITIONER (BY SRI CHALLA KODANDARAM, SENIOR COUNSEL FOR SRI SUHAS B.SAPPANNAVAR, ADVOCATE) AND: 1. SHRI K.RAMAPPA S/O.LATE NETAPPA AGED ABOUT 56 YEARS OCC: BUSINESS & CHAIRMAN BEST SCHOOL R/AT VIDYANAGAR, AIRPORT ROAD BELLARI-583 101 KARNATAKA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15589 RP No. 100066 of 2022 C/W RP No. 100067 of 2022 2. THE CHIEF MANAGER CANARA BANK BELLARY MAIN BRANCH 1ST FLOOR, BDCCI BUILDING BENGALURU ROAD BALLARY-583 103 KARNATAKA 3. KARNATAKA GRAMEENA BANK (FORMERLY PRAGATHI KRISHNA GRAMEENA BANK) KALAMMA STREET BRANCH 1ST FLOOR, SONA COMPLEX KALAMMA STREET BRANCH BELLARY-583 101 REP. BY ITS MANAGER …RESPONDENTS (BY SRI ARUN KUMAR K., SENIOR ADVOCATE FOR SMT.CHITRA NIRMALA AND SRI H.R.BESTUR K., ADVOCATES FOR R-2; R-1 & R-3 ARE SERVED) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE 1 READ WITH SECTION 151 OF CPC TO REVIEW THE ORDER DATED 13.07.2021 PASSED IN WA.NO. 100103/2021 C/W WA.NO.100109/2021 BY THE DIVISION BENCH OF THIS COURT CONFIRMING THE ORDER DATED 06.04.2021 PASSED IN WP.NO.100312/2021 BY THE LEARNED SINGLE JUDGE OF THIS COURT. IN RP NO.100067/2022: BETWEEN: M/S.PAVAMAN ISPAT PVT.LTD. HAVING ITS REGISTERED OFFICE AT: PLOT NO. 152, 1ST MAIN ROAD BASAVESHWAR NAGAR - 3 - HC-KAR NC: 2025:KHC-D:15589 RP No. 100066 of 2022 C/W RP No. 100067 of 2022 BELLARI-583 103 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE G.LAKSHMINARAYANA SHETTY … PETITIONER (BY SRI CHALLA KODANDARAM, SENIOR COUNSEL FOR SRI SUHAS B.SAPPANNAVAR, ADVOCATE) AND: 1. MR.MANNE GURU PRASAD S/O.M.SANJAPPA AGED ABOUT 41 YEARS R/AT NO.2/31 , 2ND CROSS KOLAGAL ROAD, VIDHYA NAGAR BELLARI-583 104 KARNATAKA 2. THE CHIEF MANAGER CANARA BANK BELLARY MAIN BRANCH 1ST FLOOR, BDCCI BUILDING BANGALORE ROAD BALLARI-583 103 KARNATAKA 3. KARNATAKA GRAMEEN BANK (FORMERLY PRAGATHI KRISHNA GRAMEENA BANK) KALAMMA STREET BRANCH 1ST FLOOR , SONA COMPLEX KALAMMA STREET BRANCH BELLARY-583 101 REPRESENTED BY ITS MANAGER … RESPONDENTS (BY SRI ARUN KUMAR K., SENIOR ADVOCATE FOR SMT.CHITRA NIRMALA AND SRI H.R.BESTUR K., ADVOCATES FOR R-2; R-1 & R-3 ARE SERVED) - 4 - HC-KAR NC: 2025:KHC-D:15589 RP No. 100066 of 2022 C/W RP No. 100067 of 2022 THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE 1 READ WITH SECTION 151 OF CPC TO REVIEW THE ORDER DATED 13.07.2021 PASSED IN WA.NO.100103/2021 C/W WA.NO.100109/2021 BY THE DIVISION BENCH OF THIS COURT CONFIRMING THE ORDER DATED 06.04.2021 PASSED IN WP.NO.100312/2021 BY THE LEARNED SINGLE JUDGE OF THIS COURT. THESE REVIEW PETITIONS ARE COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) These Review Petitions are filed by the borrower. After hearing the matter for sometime, learned Senior Counsel appearing on behalf of the review petitioner submits that these review petitions are limited to certain observations made at para (VII) as well as certain factual errors as reflected in the order passed in WA.Nos.100103/2021 C/w.100109/2021. - 5 - HC-KAR NC: 2025:KHC-D:15589 RP No. 100066 of 2022 C/W RP No. 100067 of 2022 2. It is submitted that, if the Court were to pass appropriate orders so as to address the grievance, they would be satisfied by the appropriate orders that would be passed by this Court. 3. Perused the observation made at para(VII). 4. Learned Senior Counsel appearing on behalf of the Bank submits that he has no objection for expunging the observation made at para (VII). Further, learned Senior Counsel appearing on behalf of the petitioner submits that there are certain factual errors, regarding which, an appropriate observation to be made as noticed at paras-7(a) to 7(f) of the review petitions. 5. Taking note of narrow scope of the present petitions, the review petitions are partly allowed in terms of expunging the observation made at para (VII) of the order dated 13.07.2021 passed in W.A.No.100103/2021 C/w. W.A.No.100109/2021 under - 6 - HC-KAR NC: 2025:KHC-D:15589 RP No. 100066 of 2022 C/W RP No. 100067 of 2022 the caption, '(VII) THE SUSPICIOUS CONDUCT OF BANK OFFICIALS'. 6. As it is pointed that there were several factual error in the narration of facts and in the findings by the Division Bench, however, taking note of the eventual settlement of dispute by way of acceptance of One Time Settlement extended by the Bank, all that could be stated is that the observations in the order which learned Senior Counsel contends to be contrary in terms of the factual aspects referred to at paras-7(a) to 7(f) of the review petitions, are matters that cannot be relied upon in any subsequent proceedings or for other purposes. 7. It is needless to state that the effect of review cannot take away the other rights conferred insofar as the Bank in terms of the observation made at para-(III) of the operative portion of the order dated 13.07.2021 passed in W.A.No.100103/2021 C/w. W.A.No.100109/2021. - 7 - HC-KAR NC: 2025:KHC-D:15589 RP No. 100066 of 2022 C/W RP No. 100067 of 2022 8. Accordingly, the order dated 13.07.2021 passed in W.A.No.100103/2021 C/w. W.A.No.100109/2021 is reviewed in terms of the above observation. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 19 Sl No.: 1