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2025 DAILYLAW 16040 (KAR)

VINUTH v. THE AUTHORIZED OFFICER

WP/4130/2025 · 2025-02-13

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:6512 WP No. 4130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4130 OF 2025 (GM-RES) BETWEEN: 1. VINUTH S/O SHRIDHAR POOJARI, AGED ABOUT 29 YEARS, R/O 6-116G A, SRI MOOKAMBIKA KRIPA, HIRIYADKA, BOMMARABETTU, HIRIADKA POST, UDUPI-576 113. 2. MALPE MAHESH KUMAR, S/O KANTHU POOJARI, AGED ABOUT 53 YEARS, R/O 29-39, AKSHAYA NIVAS, SASITHOTA POST, MALPE, UDUPI-576 108. 3. SHRIDHAR POOJARI, S/O PERUGUDA POOJARI, AGED ABOUT 69 YEARS, R/O 6-116G(A), SRI MOOKAMBIKA KRIPA, BOMMARABETTU VILLAGE, HIRIADAKA POST, UDUPI - 576 113. 4. SHALINI W/O JAGANNATHA MADABOORU, AGED ABOUT 47 YEARS, R/A NARASIMHAPURA, MADABUR, CHIKKAMAGALURU - 577 134. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6512 WP No. 4130 of 2025 5. JALAJAKSHI W/O SHRIDHAR POOJARI, AGED ABOUT 58 YEARS, R/A 27,6-116G(A), SRI MOOKAMBIKA KRUPA, BOMMARABETTU VILLAGE, HIRIADKA POST, UDUPI-576 113. 6. RITHESH L BANGERA, S/O LAKSHMAN SUVARNA, AGED ABOUT 22 YEARS, R/A 29-39A-1, MATRU KRIPA, SASITHOTA, KODAVOOR UDUPI - 576 108 …PETITIONERS (BY SRI. HARISH M G., ADVOCATE) AND: THE AUTHORIZED OFFICER MAHALAKSHMI CO-OPERATIVE BANK LTD, MALPE BRANCH, UDUPI - 576 108. …RESPONDENT (BY SMT. NATASHA N MURTHY., ADVOCATE FOR SRI. VIGNESH SHETTY., ADVOCATE) THIS WP IS FILED UNER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BANKER TO STOP ALL FURTHER PROCESS OF NOTICE DATED 18/12/2024 PRODUCED ANNEXURE-B AND GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS IN PURSUANT TO THE POSSESSION NOTICE ISSUED DATED 18/12/2024 PRODUCED AT ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6512 WP No. 4130 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent Bank submits that the petitioners have already approached the Debts Recovery Tribunal in S.A.No.22/2025 and an interim order has been passed on 17.01.2025 staying the possession notice, subject to the petitioner depositing Rs.11,14,530/- being approximately 25% of the claim amount in two installments within eight weeks. Learned counsel submits that eight weeks have still not lapsed and petitioner is required to comply the directions issued by the Debts Recovery Tribunal. In the meanwhile, this writ petition has been filed and it is not maintainable. 2. Accordingly, the writ petition stands dismissed, placing the submission of the learned counsel for the respondent on record. Sd/- (R DEVDAS) JUDGE KLY CT: JL