Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8661 WP No. 1444 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1444 OF 2025 (GM-RES) BETWEEN:
MRS. RAKSHA KRISHNAMURTHY, W/O KRISHNA MURTHY, AGED ABOUT 45 YEARS, GUARANTOR TO M/S. AVISHKAR INNOVATIVE PRIVATE LIMITED, NO. 57, SHOP STREET, N.R. COLONY, BASAVANGUDI, BANGALORE - 560 004. …PETITIONER (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI. MAHABALESHWAR CHITRIGEMATH, ADVOCATE)
AND:
CANARA BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970, SPECIAL MID CORPORATE BRANCH, BASAVANAGUDI, NO. 69, 9TH MAIN ROAD, JAYANAGAR 3RD BLOCK, BANGALORE - 560 011, REPRESENTED BY ITS BRANCH MANGER. …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE)
Digitally signed by KAVYA R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8661 WP No. 1444 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE THE BELOW MENTIONED DOCUMENTS TO THE PETITIONER. FULL DETAILS OF COMPANYS EXPORT BILLS WHICH RESPONDENT BANK HAS CONSIDERED FOR CRYSTALLIZATION WHICH WERE CLAIMED TO HAVE BEEN SIGNED BY COMPANY AND COMPANYS CUSTOMER FOR EXPORT BILL COLLECTION / NEGOTIATION / PURCHASE/ DISCOUNT, SIGNED APPLICATION FOR REQUEST FOR PAYMENT FROM COMPANY CUSTOMER AND THEIR BANK DETAILS AND DETAILS OF PAYMENT SOUGHT AND REJECTED AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER Learned Senior Counsel Sri.D.R.Ravishankar, appearing for the petitioner submits that the petitioner is a guarantor to M/s Avishkar Innovative Private Limited and the petitioner is before this Court only seeking directions to the respondent- Bank to furnish certain information which the petitioner is entitled to receive from the respondent-Bank for contesting the measures taken by the respondent-Bank for recovery of the loan amount. - 3 -
NC: 2025:KHC:8661 WP No. 1444 of 2025
2. Having gone through the prayer, this Court finds that the petitioner is seeking: (i) Full details of the Company's export bills which the respondent-Bank has considered for crystallization which were claimed to have been signed by Company and Company's customer for Export bill collection/Negotiation/purchase/ discount, signed application for request for payment from Company customer and their bank details and details of payment sought and rejected.
(ii) Statement of Current Accounts/All accounts and PCFC-1 and Day-Wise ledger with interest charged pertaining to Accounts of the Company from 2015 till date. (iii) Pre disbursement Legal/documents, Auditing Report for Property and Loan documents from 2015 to till date. (iv) Equitable Mortgage Documentation taken from the Company for every renewal period form 2015 to till date. 2. There are other prayers also. However, this Court is of the considered opinion that relevant information to enable the petitioner to contest the matter before the Debts Recovery
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NC: 2025:KHC:8661 WP No. 1444 of 2025
Tribunal is required to be given by the respondent-Bank to the petitioner. 3. Consequently, the writ petition stands disposed of with a direction to respondent-Bank to furnish the documents prayed for at prayer *a(i), a(ii), a(iii), a(iv), a(vii) and a(x) to the petitioner as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 16
*Corrected vide Court Order dated 04.04.2025.