TMI Blog2016 (7) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in an enquiry, that the other identity was a dummy or a dummy projected or fictitious or bogus. Such is not the fact situation in the present case, since no enquiry is held nor it is reported to this Court that any enquiry at any stage was held. - Amount recovered from the petitioner ordered to be refunded. - Decided in favor of petitioner. - WRIT APPEAL NO. 2707/2015(T-RES) - - - Dated:- 21-6-2016 - MR. JAYANT PATEL AND MR.B.SREENIVASE GOWDA JJ. APPELLANT: (BY SRI. P.M. NAYAK, ADVOCATE) RESPONDENTS: (BY SMT. SWETHA KRISHNAPPA, HCGP FOR R1 R2; R3 SERVED) JUDGMENT The present appeal is directed against the order dated 04.08.2015 passed by the learned Single Judge in W.P.No.27292/2015, whereby the learned Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in his individual capacity. 5. The respondent No.3 pursuant to the said order of respondent No.1 has transferred the amount of ₹ 2,23,288/- to respondent No.1. 6. The petitioner in his individual capacity is also running the business on the name of M/s.Preethi Wines and the account with respondent No.3 Bank was of the petitioner as Proprietor of M/s.Preethi Wines and not as the power of attorney holder or as representative of M/s.JSS Enterprises. 4. Under the circumstances, the petitioner approached this Court by preferring the writ petition. The learned Single Judge found that the petitioner represented M/s.JSS Enterprises at all stages and he is also General Power of Attorney Holder of M/s.JSS Enterpri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.1 and 2 that any such enquiry was held. In absence of any enquiry, the liability as per the Contract Act, needs to be followed including that of the contract of the agency. 6. However, the learned Government Pleader attempted to contend that the conduct of the appellant- petitioner was such that he was, for all stages, representing the mother. Pursuant to the said power of attorney, she submitted that when such a conduct in the business was demonstrated, the authorities could be said as justified in reaching to the individual property or the bank account of the petitioner, eve n if he was an agent. 7. We cannot accept the contention for the simple reason that when two separate identity in law are i n existence, such identity i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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