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2025 DAILYLAW 24585 (KAR)

THIASHOLA PLANTATIONS PVT LTD v. BANK OF BARODA

WP/11343/2023 · 2025-02-13

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:6476 WP No. 11343 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11343 OF 2023 (GM-RES) BETWEEN: THIASHOLA PLANTATIONS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, NATURE OF COMPANY: EXPORT, HAVING ITS OFFICE AT NO.2/239 "NEEDARI", THAISHOLA POST, THE NILGIRIS - 643 230, TAMILNADU, REPRESENTED BY ITS DIRECTOR, MR. NAGESH BALASUBRAMANYAM S/O K.N. BALASUBRAMANYAM AGED ABOUT 41 YEARS. …PETITIONER (BY SRI. VIVEKANANDA N, ADVOCATE FOR SRI. DILIP KUMAR I.S, ADVOCATE) AND: BANK OF BARODA OVERSEAS CORPORATE BANKING BRANCH, "SHRUTHA COMPLEX", NO.19, PRIMROSE ROAD, OFF M.G. ROAD, BENGALURU - 560 001, REPRESENTED BY ITS CHIEF MANAGER. …RESPONDENT (BY SRI. N.N. DAMODAR, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6476 WP No. 11343 of 2023 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EMAIL DATED 20/05/2023 AT ANNEXURE V AS ILLEGAL AND CONTRARY AS PER THEIR OWN SUBMISSIONS BEFORE HIS HONBLE COURT IN WP NO 495/2023 DATED 07/02/2023 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent submits that the prayer in the writ petition is to quash the e-mail dated 20.05.2023 as illegal and contrary to the regulations of the RBI. Learned counsel for the respondent submits that it is the contention of the petitioner that an account can be declared as Non-Performing Assets (NPA) only after 180 days in the case of an agricultural loan and not 90 days, which is applicable to the other loans. Learned counsel would therefore submit that this writ petition was filed on 01.06.2023, and the said period of 180 days has elapsed long ago. However, because of the interim orders passed - 3 - NC: 2025:KHC:6476 WP No. 11343 of 2023 by this Court, the respondent-Bank is unable to proceed to declare the account as NPA even in accordance with the contentions raised by the petitioner. In that view of the matter, learned counsel seeks disposal of the writ petition enabling the bank to take fresh steps in accordance with the law. 2. Accordingly, the writ petition stands disposed of permitting the respondent-Bank to proceed in accordance with law. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 25 CT: BHK