- 1 - NC: 2025:KHC-D:724 WP No. 100064 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100064 OF 2025 (GM-RES) BETWEEN: M/S. V. K. CHALAGERI, PROPRIETOR, MR. VIJAYAKUMAR CHALAGERI S/O. KALASAPPA, HUNASIKTTI ROAD, PANPA NAGAR 8TH CROSS, RANEBENNUR TOWN, VTC RANEBENNUR, HAVERI DISTRICT, KARNATAKA -581 115. …PETITIONER (BY SRI SANDYA U. PRABHU, ADVOCATE) AND: CANARA BANK, REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, REGIONAL OFFICE, HAVERI MASURA BRANCH, HAVERI – 581 210. …RESPONDENT (BY SRI MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO RELEASE THE 2ND WAREHOUSE BILL PRODUCED AT ANNEXURE-C DATED 30/08/2023 BEARING NO.210045832502 AFTER RECEIVING THE PAYMENT FOR THE SAME. AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:724 WP No. 100064 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: a) Issue a writ of mandamus directing the respondent to release the 2nd warehouse bill produced at annexure-c dated 30/08/2023 bearing no. 210045832502 after receiving the payment for the same. b) Grant any other relief as this hon’ble court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity. 2. This Court owing to the plea of the petitioner, had passed the following order on 07.01.2025. ”The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to release the 2nd warehouse bill produced before the Bank on 30.08.2023. Counsel Sri.Mallikarjunswamy Hiremath appearing for the Canana Bank would submit that the entire movable stock upon which the loan is granted is housed in a particular warehouse and the petitioner is not cooperating for segregation of the said stock for the purpose of liquidating it by way of auction. The learned counsel Smt.Sandya Prabhu representing the petitioner submits that the Bank is - 3 - NC: 2025:KHC-D:724 WP No. 100064 of 2025 now wanting to sell the property worth Rs.20 crore, for a lesser price, for the purpose of realization of the dues. Be that as it may, for the present, direction that is to be issued is that the petitioner or any other borrower/guarantor should cooperate with the Bank for segregation of movable as it is wanting. It would only be then any orders would be passed at the hands of this Court, either in favour of the petitioner or the Bank. It is for the petitioner to ensure that all the borrowers/guarantors cooperate with the segregation of stock and segregation shall be done both on quantity and quality. List on 17.01.2025 in the fresh matters list. Till such time, the Bank shall not precipitate the matter to way the recovery proceedings.“ 3. Today, the counsel for respondent submits that they have not cooperated with the segregation as was directed and the petitioner files a memo with regard to the statue i.e., Warehousing Development and Regulation Act, 2007, to contend otherwise. - 4 - NC: 2025:KHC-D:724 WP No. 100064 of 2025 4. It is an admitted fact that the petitioner is before the DRT in S.A.No.12/2025 and the DRT has passed a particular order on 07.01.2025. Therefore, there is no question of plural proceedings permitted to be initiated by the petitioner. 5. The petitioner is at liberty to urge all the contentions in the pending S.A.No.12/2025. 6. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 15