- 1 - NC: 2025:KHC:4435-DB CCC No. 69 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA CCC NO. 69 OF 2025 (CIVIL) BETWEEN: 1. JANATHA SEVA CO-OPERATIVE BANK LIMITED NO.14, RAJATHA BHAVAN, 1ST MAIN ROAD, HAKKA ROAD HAMPINAGAR, 2ND STAGE VIJAYANAGAR, BENGALURU - 560 104 REPRESENTED BY ITS AUTHORIZED OFFICER, MR. BALARAJU A. …COMPLAINANT (BY SRI VASUDEVAN, ADVOCATE FOR SRI LOKESH K.V., ADVOCATE) AND: 1. MR. GANGADHAR MURTHY C S/O CHANNIGAPPA AGED 58 YEARS, NO.322, 3RD A CROSS ROAD, 2ND BLOCK, 3RD STAGE, BASAVESHWARA NAGAR, BENGALURU - 560 079. Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:4435-DB CCC No. 69 of 2025 2. SMT. KUSUMA R W/O MR. GANGADHAR MURTHY C AGED ABOUT 54 YEARS, NO.322, 3RD STAGE, BASAVESHWARA NAGAR, BENGALURU - 560 079. …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE SUITABLE ACTION AND INITIATE THE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE COURT ORDER DATED 30.10.2024 PASSED IN WRIT PETITION NO.19959/2023 (GM-RES) BY THIS HON'BLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA - 3 - NC: 2025:KHC:4435-DB CCC No. 69 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Following directions of learned Single Judge in the order dated 30.10.2024 while disposing of the writ petitions are brought under the contempt jurisdiction, "(i) The petitions are allowed. (ii) The impugned orders dated 23.6.2023 in SA No.328/2021 (Annexure-H) in WP No.20085/2023 and SA No.329/2021 (Annexure-E) in WP No.19959/2023 passed by the Debt Recovery Tribunal-I, Bengaluru, are hereby quashed. (iii) The petitioners shall deposit the amount required for the regularization of the loan account. (iv) The respondent bank shall issue a notice to the petitioners specifying the requisite amount needed for the regularization of the loan account. Upon receiving such notice, the petitioners shall deposit the specified amount within two weeks from thereafter. (v) It is clarified that if the petitioners fail to repay the loan amount after the regularization of the loan account, the respondent bank is at liberty to initiate appropriate proceedings as permissible under the law." - 4 - NC: 2025:KHC:4435-DB CCC No. 69 of 2025 2. Learned advocate Mr. Vasudevan for learned advocate Mr. K.V. Lokesh for the complainant submitted that the petitioners-respondents herein have not deposited any amount including the amount towards regularization of the account. Therefore, the contempt of Court is committed. 3. The Court is not inclined to accept the submissions of the petitioner inasmuch as it could be readily seen that the Court has provided and clarified that if the petitioners fail to repay the loan amount after regularization of the loan account, the respondent-Bank shall be at liberty to initiate appropriate proceedings. 4. Non-payment of amount towards regularization of the account shall also entitle the Bank to initiate the proceedings as permitted by the Court. In that view, it is not possible to conclude that any contempt is committed since the complainant-bank has remedy to enforce its rights. - 5 - NC: 2025:KHC:4435-DB CCC No. 69 of 2025 5. The contempt petition is not entertained. It is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (T.G. SHIVASHANKARE GOWDA) JUDGE CR List No.: 1 Sl No.: 7