- 1 - HC-KAR NC: 2025:KHC:24771 WP No. 17429 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17429 OF 2022 (GM-RES) BETWEEN: 1. MR. NAZEER PROPRIETOR JAZEERA TRADERS, S/O MR.C IBRAHIM AGED ABOUT 40 YEARS, D NO.4/146, VALACHIL PADVU HOUSE, OPP SRINIVAS COLLEGE, ARKULA VILLAGE, MANGALURU - 574 143. 2. MRS.TAHIRA W/O MR NAZEER, AGED 34 YEARS, D.NO.4/146, VALACHIL PADVU HOUSE, OPP SRINIVAS COLLEGE, ARKULA VILLAGE, MANGALURU - 574 143. …PETITIONERS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. UNION BANK OF INDIA THUMBE BRANCH A.H.COMMERCIAL COMPLEX MAINR ROAD, THUMBE, A.H. COMMERCIAL COMPLEX, MAIN ROAD, THUMBE, BANTWAL TALUK - 574 170 REPRESENTED BY ITS AUTHORIZED BRANCH, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24771 WP No. 17429 of 2022 MR. DAVI PRASAD K, S/O MR. RATHMNAKAR RAO. (CONSTITUTED UNDER BANKING COMPANY ACT) …RESPONDENT (BY SMT. DIVYA PURANDAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET-ASIDE THE ORDER DATED 06.04.2022 IN CRL MISC.78/2022 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, DAKSHINA KANNADA VIDE ANNX-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioners had challenged the order of the Principal Senior Civil Judge and CJM, Dakshina Kannada passed in Crl.Misc.No.78/2022 relating to application filed under Section 14 of the SARFAESI Act. 2. Learned counsel for the respondent files a memo which reads as hereunder: - 3 - HC-KAR NC: 2025:KHC:24771 WP No. 17429 of 2022 1. The Petitioner has filed the above petition seeking the prayer of setting aside the Order dated 06.04.2022 in Criminal Miscellaneous petition no. 78/2022 passed by the Principal Civil Judge and Chief Judicial Magistrate, Dakshina Kannada, appended as Annexure E. 2. The Respondent Bank herewith submits that the Petitioner did not comply with the interim order dated 13.09.2022 wherein he was directed to pay Rs. 17,00,000/- to be paid within six weeks from the date of the Order viz. 26.10.2022 and thus the interim order stood automatically vacated. 3. However it is submitted that subsequent the Petitioner has made certain intermittent payments from 27.12.2022 to 15.02.2023 towards the loan accounts bearing no. 565141000009721 and 560631000298000, consequent upon which the said accounts were upgraded. However subsequently, the Petitioner has once again fallen behind on his loan repayment, and the said loan accounts of the Petitioner accounts has once again slipped into NPA as on 07.11.2024. Hence the Respondent Bank is now constrained to proceed with fresh SARFAESI measures. Hence the above prayer does not survive for consideration. The same may be taken on record, and the above petition may be dismissed as infructuous in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:24771 WP No. 17429 of 2022 3. It is thus apparent that the impugned order was not put into execution in light of the subsequent event as reflected in the memo. In light of the same, petition is disposed off as not calling for adjudication while keeping open all legal contentions between the parties. 4. Needless to state in the event of any measure under Section 13 of the SARFAESI Act if initiated, substantive remedy is to be invoked and writ proceedings are not to be invoked. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 28 CT: BHK