- 1 - NC: 2025:KHC:16635 WP No. 7762 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. 7762 OF 2025 (GM-RES) BETWEEN: SRI. VINOD KUMAR K, S/O. CHANDRAPPA, AGED ABOUT 37 YEARS, BOTH ARE AT NO. 1-3, KODANJE HOUSE, PERAJE BUDOLI, BANTWAL TALUK, DAKSHINA KANNADA - 574 253. …PETITIONER (BY SMT. KAVITHA N, ADVOCATE) AND: BHARATH CO-OPERATIVE BANK (MUMBAI) LTD., (REG. UNDER MULTI STATE CO-OP SOCIETIES ACT) REP. BY ITS CHIEF MANAGER/AUTHORIZED OFFICER, CLASSIQUE ARCADE, K.S. ROAD, HAMPANAKATTA, MANGALURU - 575 001. …RESPONDENT (BY SRI. H.R. SUNIL KUMAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SECTION 14 ORDER PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE IN CRL.MISC NO.58/2025 DATED 18/02/2025 AT MANGALORE VIDE ANNEXURE-C (IN SO FOR AS PETITIONERS CONCERN) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16635 WP No. 7762 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Quash the Section 14 Order passed by Principal Senior Civil Judge and Chief Judicial Magistrate in Crl.Misc.No.58/2025 dated 18/02/2025 at Mangalore vide "ANNEXURE-C". (In so for as petitioner's concern) b) Issue direct ions to the Respondent Bank not to take physical possession without following due process of Law. c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in view of facts and circumstances of this above case in the interest of justice and equity." 2. Heard Smt. Kavitha N., learned counsel appearing for the petitioner and Shri H.R. Sunil Kumar, learned counsel appearing for the respondent. 3. This Court on 17.03.2025 had passed the following order: "Issue emergent notice to the respondent. There shall be an interim order of stay, as prayed for, till the next date of hearing, subject to the petitioner depositing 10% of the outstanding amount, within 4 weeks from today. Any deviation in paying the aforesaid amount within the time line as stipulated hereinabove, would - 3 - NC: 2025:KHC:16635 WP No. 7762 of 2025 entail vacation of the interim order and would also run the risk of dismissal of the petition itself. List this matter on 22.04.2025." Not even a rupee has been paid pursuant to the said order is the submission of the learned counsel appearing for the respondent, which is not disputed by the learned counsel appearing for the petitioner. 4. The learned counsel appearing for the respondent would also submit that there is a securitization application filed by the petitioner pending before the Debt Recovery Tribunal. 5. In that light, as also the non compliance of the interim order, the petition is disposed, reserving liberty to urge all the contentions before the Debt Recovery Tribunal. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 91 CT: BHK