Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3498 WP No. 11354 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11354 OF 2023 (GM-RES)
BETWEEN:
1.
MR. RAMESH M, S/O MUNISHAMAPPA AGED ABOUT 47 YEARS
2.
MRS SWETHA S W/O RAMESH M
BOTH ARE R/A MYLANDAHALLI VOKKALERI POST KOLAR TALUK AND DISTRICT-563130 …PETITIONERS (BY SRI. GURU PRASAD P., ADVOCATE) AND:
JANA SMALL FINANCE BANK LIMITED, REP. BY ITS AUTHORIZED OFFICER SRI BABU SREEJITH, S/O C V MUKUNDAN AGED ABOUT 47 YEARS REGD. OFFICE AT FAIRWAY BUSINESS PARK IST FLOOR, DOMLUR, KORAMANGALA INNER RING ROAD, CHALLAGHATTA BANGALORE-560071 …RESPONDENT (BY SRI. D.NARAYANASWAMY., ADVOCATE)
Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3498 WP No. 11354 of 2023
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 23/02/2023 PASSED IN CRIMINAL MISCELLANEOUS NO.
7/2023 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT KOLAR VIDE ANNEXURE-A AND GRANT AN INTERIM ORDER TO STAY THE
ORDER DTD 23/02/2023 PASSED IN CRL.MISC.NO.7/2023 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT KOLAR VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned counsel for the petitioners submits that the interim directions issued by this Court have been complied with and consequently the petitioners are put back in possession of the secured assets.
2. However, learned counsel for the respondent - Bank submits that the petitioners are in the habit of not paying the EMIs regularly. They pay the outstanding EMIs together in terms of the direction issued by this Court, but again they fail to continue to pay the EMIs regularly.
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NC: 2025:KHC:3498 WP No. 11354 of 2023
3. Having regard to the fact that the petitioners were aggrieved of the respondent-Bank taking possession of the secured assets and now the petitioners are put back in possession, nothing further survives for consideration in this writ petition.
4. Accordingly, the writ petition stands disposed of. If according to the respondent-Bank, the petitioners are in default and respondent - Bank is entitled to proceed in accordance with law, they are free to do so.
Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
KLY CT: JL