CORPORATION BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES(ACQUISITION AND TRANSFER UNDERTAKINGS) ACT 1980 REP. BY ITS BRANCH MANAGER SRI. G.V. RAMACHANDRA Vs. KOTRESH S/O SHIVAPPA AND OTHERS

JUDGEMENT

(1.) PETITIONER is the defendant and the respondents are the plaintiffs in O.S.21/2009 on the file of the Civil Judge (Sr.Dn.,) at Soraba.

(2.) PETITIONER has its branch at Udri in Soraba Taluk, Shimoga District, which has been housed in the premises of one B.S. Lingaraju. The petitioner has been carrying on business in the premises of said B.S. Lingaraju for the past about 23 years. It is stated that, the premises is in a dilapidated condition and the petitioner is not in a position to carry on its business in the same premises and has been finding difficulties to safeguard the securities relating to the transactions of its customers of the branch. It is stated that the customers of the petitioner's branch have also complained of inconveniences being caused due to the dilapidated condition of the premises and the petitioner apprehends that the premises may collapse at any time and that it has become impossible for it to carry on business of the said branch in the said premises. It is the case of the petitioner that, even the villagers had complained about the inconveniences caused to them in attending to their business in the said branch of the petitioner, to the Village Panchayath, Udri, which has passed a resolution dated 22.9.2008 recommending to the petitioner to shift its business to some other suitable alternate premises. The petitioner also states that its Regional Office has received complaints and the Deputy General Manager of the bank has deputed an architect to inspect and submit the report about the condition of the premises, who after inspection has submitted a report dated 13.11.2008. It is stated that, on account of the unbearable inconvenience being caused to the staff of the branch as well as to the customers to carry on business in the said premises, the petitioner has decided to shift its business to another alternate suitable premises at a distance of about 300 meters from the present premises and that it has entered into a lease agreement dated 7.1.2009 with the owner of the alternate premises and has paid the security deposit amount. The said B.S. Lingaraju and another filed O.S. No. 1/2009 in the Trial Court for a decree of permanent injunction to restrain the bank from shifting its business to any other premises and the said suit was dismissed as not maintainable. It is the case of the petitioner that, said B.S. Lingaraju has set up the respondents to file O.S.21/2009 in the Trial Court for decree to restrain the petitioner/defendant from shifting the said branch to the alternate premises. Along with the suit, respondents herein/ plaintiffs had filed I.A.2 for an order of temporary injunction restraining the bank from shifting its business. The learned trial Judge has passed an order dated 23.4.2009 directing both the parties to maintain status quo. The petitioner being aggrieved by the said order, has filed this writ petition.

(3.) TODAY Sri S.S. Suresh and Sri V.V. Gunjal, learned advocates appeared on behalf of the respondents.