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2025 DAILYLAW 15801 (KAR)

MISS YASHASWINI G v. THE MANAGER

WP/3218/2025 · 2025-02-11

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:6121 WP No. 3218 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3218 OF 2025 (GM-RES) BETWEEN: 1. MISS. YASHASWINI G, D/O GOPALAKRISHNA K, AGED ABOUT 25 YEARS, 2. MRS. NAYANA W/O GOPALAKRISHNA K AGED ABOUT 45 YEARS, BOTH ARE RESIDENTS OF MARUTHI NILAYA BEHIND KALIDAS COLLEGE, DIBBUR, TUMKUR CITY, TUMKUR - 572 106. …PETITIONERS (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: THE MANAGER, KARNATAKA BANK LTD., TUMKUR MAIN BRANCH VIVEKANANDA ROAD, TUMKUR - 572 106. …RESPONDENT (BY SRI. NITHIN CHANDRA M, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS OR Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6121 WP No. 3218 of 2025 ORDER TO CONSIDER THE REPRESENTATION DATED 16.01.2025 GIVEN BY THE PETITIONER TO THE RESPONDENT i.e. THE MANAGER, KARNATAKA BANK TUMKUR MAIN BRANCH, TUMKUR AS PER THE ANNX-D AND PASS APPROPRIATE ORDERS THEREON IN THE INTEREST OF JUSTICE AND EQUITY. 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 counsel Sri.Nithin Chandra.M has entered appearance for the respondent. 2. Learned counsel for the petitioners submits that the petitioners have given a representation dated 16.01.2025 at Annexure-D to the respondent bank to consider adjustment of the auction amount not only towards the three business loans but also towards the educational loan taken by the first petitioner based on the same collateral security. Though it is mentioned in the communication that the Bank has auctioned the property for a sum of Rs.62,90,000/-, nevertheless, learned counsel for the respondent-Bank submits that the auction was - 3 - NC: 2025:KHC:6121 WP No. 3218 of 2025 scheduled today, but the respondent-Bank did not receive any bid or EMD amount till yesterday. This would mean that the auction will not be held today. 2. Nevertheless, the respondent-Bank is hereby directed to consider the representation given by the petitioners for adjustment of the bid amount in respect of the educational loan also. The writ petition is accordingly disposed of. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 30 CT: BHK