- 1 - NC: 2025:KHC:11504 WP No. 4292 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4292 OF 2025 (GM-RES) BETWEEN: MR MOHANDAS SHETTY, S/O.SHIVAPPA SHETTY AGED ABOUT 54 YEARS, PROP. M/S. SHRI MUKHYAPRANA CONSTRUCTIONS, RF/AT DOOR NO.3W 3-2420/40, UJWAL APARTMENTS, 3RD FLOOR, KADRI MAIN ROAD, KADRI, MANGALURU, DAKSHINA KANNADA- 574 004. ALSO AT: FLAT NO 203, DOOR NO.3 W 33-2948/9, 2ND FLOOR, TASVI ELITE PINTOS LANE, KADRI KAMBALA,BIJAI, MANGALURU DAKSHINA KANNADA - 574 004. …PETITIONER (BY SRI. RAJASHEKAR S.,ADVOCATE) AND: THE AUTHORIZED OFFICER BHARAT CO-OPERATIVE BANK (MUMBAI) LTD., CLASSIQUE ARCADE, K S RAO ROAD, HAMPANAKATTE, MANGALURU -575 001. REP. BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER, SHRI. ARUN KUMNAR G KOTIAN, AGED ABOUT 49 YEARS. …RESPONDENT (BY SRI. H.R. SUNIL KUMAR, ADVOCATE FOR C/R) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11504 WP No. 4292 of 2025 ORDER DTD. 25.01.2025 PASSED IN CRIMINAL MISC.NO. 40/2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM MANGALURU VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER This Court on 13.02.2025 had passed the following order: " Learned Counsel Sri H.R.Sunil Kumar, has entered appearance for the respondent – Bank. Learned counsel for the respondent submits that he has received copy of the writ petition. Learned counsel for the petitioner submits that there are two housing loan availed by the petitioner and cash credit facility with respondent bank. The amount outstanding in the two housing loan accounts both put together is only Rs.1,03,500/-. However, in the cash credit facility the amount outstanding is Rs.15,20,800/-. Learned counsel for the petitioner submits that the petitioner has sustained loss in the business and therefore he was not able to pay the EMIs regularly. The accounts have been declared as NPA only in the month of August 2024. If reasonable time is granted, the petitioner will repay the entire outstanding loan amount along with interest. Consequently, the respondent is hereby directed not to precipitate the matter any further in respect of all the three loan accounts, till the next date of hearing, subject to the petitioner depositing Rs.9,00,000/- with the respondent, within a period of four weeks from today. If the petitioner fails to deposit the same, the benefit arising out of this interim order shall not enure to the petitioner and petitioner will be at the risk of having the writ petition dismissed. Re-list this matter on 17.03.2025." - 3 - NC: 2025:KHC:11504 WP No. 4292 of 2025 Not even a rupee is paid pursuant to the interim order dated 13.02.2025. In the light of the indication by the Co-ordinate Bench that the petition would be dismissed in the event the amount is not paid, the Petition is dismissed, leaving open to the petitioner to avail of such remedy as is available in law. Sd/- (M.NAGAPRASANNA) JUDGE BK List No.: 1 Sl No.: 160