- 1 - NC: 2025:KHC:17073 WP No. 7785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7785 OF 2025 (GM-RES) BETWEEN: 1. UMESH K. V., S/O VEERANNA K. H., AGED ABOUT 50 YEARS 2. SMT. MAMATHA V. S., W/O UMESH K. V., AGED ABOUT 41 YEARS BOTH ARE R/AT NO.15 TARUN HOUSE 1ST ‘A’ CROSS HESARAGHATTA MAIN ROAD DEFENCE COLONY, BAGALAGUNTE BENGALURU NORTH, BENGALURU – 560 073. …PETITIONERS (BY SRI B.R.RAGHAVENDRA, ADVOCATE) AND: TUMKURU GRAIN MERCHANTS CO-OPERATIVE BANK LTD., ADMIN OFFICE, B.H.ROAD TUMAKURU – 572 103 REP. BY ITS AUTHORIZED OFFCER. …RESPONDENT (BY SRI K.V.LOKESH, ADVOCATE FOR C/R) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17073 WP No. 7785 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED / AFFIXED BY THE RESPONDENT BANK DTD. 11.02.2025 BEARING NO. TGMB/SEC/107/2024-25 VIDE ANNX-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “1. Quash the Notice issued / affixed by the respondent bank dated 11.02.2025 bearing No.TGMB/SEC/107/2024-25 vide Annexure – B. 2. And further grant any such other relief that this Hon’ble Court deems fit to grant in the interest of justice and equity.” 2. Heard Sri B.R.Raghavendra, learned counsel for the petitioners and Sri K.V.Lokesh, learned counsel for the respondent. 3. This Court on 19.03.2025, had passed the following order: - 3 - NC: 2025:KHC:17073 WP No. 7785 of 2025 “Issue emergent notice to the respondent. The petitioners are before this Court calling in question the possession notice dated 11.02.2025. There shall be an interim order of stay of the possession notice dated 11.02.2025, subject to the petitioners depositing 20% of the amount in due to the Bank within 8 weeks from today, in the following manner: a. The first chunk of 10% shall be deposited within four weeks from today; and b. The second chunk of 10% shall be deposited within four weeks on completion of four weeks aforementioned; c. Any deviation in paying the aforesaid amount within the time line as stipulated hereinabove, even of the first instance, would result automatic vacation of the interim order and would also run the risk of dismissal of the petition itself. d. In the event the petitioners would not comply with the interim order, the Bank is at liberty to take possession of the property and take the proceedings to its logical conclusion. The learned counsel appearing for the petitioners is directed to file an affidavit of timeline in which he would close the loan, on the next date of hearing. List this matter on 16.04.2025.” In terms of the afore-quoted order, the petitioners have filed an affidavit. It reads as follows: Affidavit “xxxxx - 4 - NC: 2025:KHC:17073 WP No. 7785 of 2025 1. I am the 1st petitioner in the above case and know the facts of the case and I swearing this affidavit on behalf of 2nd petitioner also. 2. I submit that, I had challenged the possession notice dated 11.2.2025 issued by the respondent bank. After filing of this writ petition, this Hon'ble court has granted the interim order on 19.3.2025 directing me to deposit 10% of outstanding loan amount within a period of 4 weeks and another 10% weeks. And also directed me to file an affidavit of timeline within which would close the loan. As per the email communication date 26.3.2025 from the respondent bank the outstanding loan amount of RS 73,25,000/- as on that date and in compliance of interim order I had paid 5,90,000/- and accordingly the present balance is Rs 67,35,000/-. The copy of the Email communication is furnished along with this affidavit. 3. I submit that, the term of the loan will expire on march 2026 and I undertake that I will clear the loan including future interest on or before march 2026.” 4. Sri K.V.Lokesh, learned counsel for the bank agrees with the terms and conditions except the fact that the petitioners have sought time upto 31.03.2026 to clear the loan, on the score that the term of the subject loan would expire on 31.03.2026. He would further submit that if Rs.42,00,000/- is paid before the 30th June, 2025, the entire the loan account itself would become regular and closure of the account can be considered later. The submissions merit acceptance. - 5 - NC: 2025:KHC:17073 WP No. 7785 of 2025 5. Noticing the contents of the affidavit and the submissions of the learned counsel for the parties, I deem it appropriate to direct the petitioner to clear the amount as indicated hereinabove and get the account regularised on or before 30.06.2025, failing which, it is always open to the respondent - bank to initiate steps in accordance with law. 6. With the aforesaid observation, the petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 22 CT:SS