- 1 - NC: 2025:KHC:16509 WP No. 4473 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4473 OF 2025 (GM-RES) BETWEEN: K B AMJAD, S/O LATE K.B.BUDAN SAHEB, AGED ABOUT 49 YEARS, 58 #3-453-2(61), SHREYAS APARTEMENT, CHANTHAR, RAHMAVARA, UDUPI-576 213. …PETITIONER (BY SRI VACHAN G A, ADVOCATE) AND: THE AUTHORIZED OFFICER, MAHALAKSHMI CO-OPERATIVE BANK LTD., MALPE BRANCH, UDUPI-576 108. …RESPONDENT (BY SRI VIGNESH SHETTY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECT THE RESPONDENT BANKER TO STOP ALL FURTHER PROCESS OF POSSESSION NOTICE DATED 17.12.2024 PRODUCED ANNEXURE-A ETC. THIS PETITION, COMING ON FOR FRESH MATTER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16509 WP No. 4473 of 2025 ORAL ORDER 1. This Court on 17.02.2025 had passed the following order: "Learned Counsel Sri Vignesh Shetty, has entered appearance for the respondent. Learned counsel for the respondent submits that he has received copy of the writ petition. Learned counsel for the petitioner submits that the other office objections will be complied within a week's time. Learned counsel for the petitioner submits that the petitioner is a guarantor for the loan obtained by one Sri Deepak Karkera. The petitioner is aggrieved of the possession notice at Annexure-A, where it is shown that the amount outstanding payable is Rs.1,01,02,822/-. Nevertheless, learned counsel submits that the petitioner will deposit 20% of the said amount and if reasonable time is granted, the petitioner will repay the entire outstanding loan amount or seek one time settlement at the hands of the respondent. Learned counsel for the respondent however submits that the outstanding amount as of now is 1,10,93,000/-. Consequently, shall be an interim order of stay of possession notice at Annexure-A and all further proceedings there to, till next date of hearing, subject to the petitioner depositing 20% of Rs.1,10,93,000 within a period of 4 weeks from today. Failing which, the benefit arising out of this order shall not enure to the petitioner and the petitioner will run the risk of having the writ petition dismissed. Re-list this matter on 19.03.2025." 2. Again, on 19.03.2025, the following order: "Learned counsel for the respondents submits that the interim order dated 17.02.2025 has not been complied with in its entirety. - 3 - NC: 2025:KHC:16509 WP No. 4473 of 2025 Three weeks time is granted to the petitioner finally to comply with the order dated 17.02.2025, failing which, without hearing the petitioner, the petition would be dismissed. Subjection to the said condition, interim order, granted earlier, is extended till the next date of hearing. List the matter on 08.04.2025." and on 09.04.2025, the following order: "Learned counsel for respondent – bank submits that not even a rupee is paid to the bank. List this matter on 22.04.2025, in the fresh matters list. Interim order granted earlier, is extended till the next date of hearing." 3. In the light of non-compliance of the interim order, the petition stands disposed off, reserving liberty to the petitioner to avail such remedy as available in law. Sd/- (M.NAGAPRASANNA) JUDGE tsn* List No.: 1 Sl No.: 20