- 1 - NC: 2025:KHC:14984 WP No. 12905 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12905 OF 2024 (GM-RES) BETWEEN: 1. MR. PRAVEEN KUMAR M., S/O P.MANJUNATH AGED ABOUT 29 YEARS 2. MRS. K.HEMALATHA W/O P.MANJUNATH AGED ABOUT 45 YEARS BOTH ARE R/AT NO.786 HIG-1, GROUP-II KHB COLONY HOOTAGALLI, MYSURU – 570 018. …PETITIONERS (BY SMT. KAVITHA D., ADVOCATE) AND: M/S. CENTRAL BANK OF INDIA [CONSTITUTED BY THE BANKING COMAPNIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970] NO.147, K-51, RAMAVILAS ROAD K.R.MOHALLA, MYSURU – 570 024 REP. BY ITS AUTHORIZED OFFICE/CHIEF MANAGER MR. D.MAHESH RAJ. …RESPONDENT (BY SRI Y.P.GOKUL, ADVOCATE FOR C/R) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14984 WP No. 12905 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SEC 14 ORDER DTD 05.04.2024 PASSED BY THE LEARNED I ADDL. SR. CIVIL JUDGE AND CJM., MYSURU IN CULTURE 67/2024 VIDE ANNEXURE-C BY STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002 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 Petitioners are before this Court seeking the following prayers: “a) Issue a writ of Certiorari by setting aside the Section 14 Order dated 05-04-2024 passed by the Learned I Addl. Sr. Civil in Judge & CJM., Mysuru in Crl.Mis.No.67/2024 vide ANNEXURE - C by stating that the entire recovery proceedings initiated by the Respondent Bank against the Schedule Property are illegal and in violation of the SARFAESI Act, 2002. b) Issue writ of Mandamus to the Respondent Bank, not to take any further action against the Schedule Property and to accept the Petitioners' request to restructure the loan account to enable the Petitioner No.1 to regularize the said loan account. C) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity.” - 3 - NC: 2025:KHC:14984 WP No. 12905 of 2024 2. Heard Sri Y P Gokul, learned counsel appearing for respondent. There is no representation on behalf of the petitioners. 3. This Court, on 29.05.2024, had passed the following order: “Heard learned counsel for the petitioners. In the meanwhile, Annexure-C dated 05.04.2024 and Annexure-D dated 22.04.2024 are stayed, till the next date of hearing subject to petitioners depositing a sum of Rs.10,00,000/- before this Court on or before 26.06.2024. Liberty is reserved in favour of the respondents to seek vacation/modification of this order. At the request of learned counsel for the respondents, list this matter on 28.06.2024.” 4. Though close to an year is passed by, not even a rupee is paid by the petitioners to the Bank, is the submission of the learned counsel for the respondent/Bank. 5. In that light the indication in the order would come into operation. Therefore, the petition stands dismissed on account of the default of the petitioners. - 4 - NC: 2025:KHC:14984 WP No. 12905 of 2024 Interim order of any kind operating stands dissolved. Consequently, I.A.No.1 of 2025 also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 46 CT:SS