- 1 - NC: 2025:KHC:6997 WP No. 1419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1419 OF 2025 (GM-RES) BETWEEN: SRI R SHANTHA KUMAR S/O. LATE SRI. RAJANNA, AGED ABOUT 61 YEARS, R/A NO.32, 'CHAMUNDESHWARI NILAYA', 2ND MAIN, 4TH CROSS, MUNESWARA LAYOUT, DODDABOMMASANDRA, VIDYARANYAPURA, BENGALURU 560054. …PETITIONER (BY SRI. HARISCHANDRA M., ADVOCATE) AND: THE MALLESHWARAM CO OPERATIVE BANK LTD BY ITS AUTHORIZED OFFICER, NO. 102, 7TH CROSS, EAST PARK ROAD, MALLESHWARAM, BENGALURU - 560003. …RESPONDENT (BY SRI.K.V.LOKESH., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO CONSIDER REPRESENTATION DTD. 09.01.2025 VIDE ANNX-K AND GRANT AN OPPORTUNITY OF ONE TIME SETTLEMENT TO REPAY THE OUTSTANDING BALANCE OF THE LOAN ACCOUNTS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6997 WP No. 1419 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel Sri. K.V.Lokesh, has entered appearance for the respondent-Bank. 2. Learned Counsel for the respondent-Bank submits that on an earlier occasion when the petitioner had approached this Court in W.P.No.5052 of 2024, interim orders were passed by this Court subject to the condition that the petitioner shall deposit 20% of the outstanding loan amount with the respondent-Bank, which will enable the respondent to restore possession in favour of the petitioner. Thereafter, an Affidavit was directed to be filed at the hands of the petitioner indicating the timeline for closure of the loan Account, when the outstanding amount due was Rs.36,00,000/-. Thereafter, the petitioner filed an Affidavit undertaking to repay the entire outstanding loan amount within a period of 12 months. However, this Court disposed of the said writ petition on 24th of April 2024, directing the petitioner to deposit a sum of Rs.2.5 - 3 - NC: 2025:KHC:6997 WP No. 1419 of 2025 lakhs in terms of the interim order, which was left unpaid and it was also directed that if the said amount is deposited, the Bank shall immediately restore possession to the petitioner. Learned Counsel submits that the petitioner has deposited the said sum of Rs.2.5 lakhs and the possession was restored in favour of the petitioner, but he has not cleared the dues within 6 months, as directed by the Court. 3. The prayer in this writ petition is to issue a writ of mandamus directing the respondent-Bank to consider the representation dated 09.01.2025 at Annexure-K, wherein the petitioner is seeking ‘One Time Settlement’ for repayment of the outstanding loan amount. Learned Counsel for the respondent-Bank submits that the respondent will consider the representation and communicate the decision taken to the petitioner. 4. Accordingly, the writ petition stands disposed of while directing the respondent-Bank to consider the representation dated 09.01.2025 at Annexure-K and - 4 - NC: 2025:KHC:6997 WP No. 1419 of 2025 inform the petitioner regarding the decision taken by the respondent-Bank. The decision taken shall be informed to the petitioner as expeditiously as possible and at any rate within a period of two weeks from the date of the receipt of copy of this order. Sd/- (R DEVDAS) JUDGE DL CT:JL