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2025 DAILYLAW 31050 (KAR)

SMT. K. LAKSHMI v. KOTAK MAHINDRA BANK

WP/22022/2021 · 2025-03-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:10931 WP No. 22022 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22022 OF 2021 (GM-RES) BETWEEN: SMT. K. LAKSHMI, W/O. A.N. KUMAR, AGED 47 YEARS, R/AT NO. 9TH, 7TH MAIN, 7TH CROSS, MALLESHWARAM, BANGALORE - 560 003. …PETITIONER (BY SRI. SUBRAHMANYA KAUSHIK R.S, ADVOCATE FOR SRI. S.V. SRINIVAS, ADVOCATE) AND: 1. KOTAK MAHINDRA BANK, KOTAK HOUSE, NO. 22, 3RD FLOOR, MG ROAD, BENGALURU - 560 001, REPRESENTED BY ITS AUTHORIZED OFFICER. 2. KUMAR A.N S/O. ASWATHANARAYANA, AGE 53 YEARS, RESIDING AT NO. 9, 7TH MAIN, 7TH CROSS, MALLESHWARAM, BANGALORE - 560 003. …RESPONDENTS (BY SRI. AVINASH B.C, ADVOCATE FOR R1, R2 - KUMAR A.N - SERVED) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10931 WP No. 22022 of 2021 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT BANK TO REGULARIZE THE LOAN ACCOUNT VIDE ANNX-C DATED 29.11.2021 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs: "(a) To issue a writ of Mandamus directing the Respondent Bank to Regularize the loan account as per ANNEXURE-C. (b) To award the costs of the Petition; and (c) To pass such other order or orders, as this Hon'ble court deems fit to grant in the circumstances of the case in the interest of justice and equity." 2. Memo dated 17.03.2024 has been filed signed by the learned for the petitioner, which reads as under: "The petitioner most humbly prays that this Hon'ble Court be pleased to permit her to withdraw this writ petition with liberty - 3 - NC: 2025:KHC:10931 WP No. 22022 of 2021 to approach the Debts Recovery Tribunal by filing appropriate application. It is humbly prayed that the period spent in persecuting this writ petition may be excluded in terms of Section 14 of the Limitation Act, 1963. " 3. Accepting the said memo and submission of learned counsel for the petitioner, petition is permitted to be withdrawn with liberty reserved to the petitioner to approach the Debts Recovery Tribunal. Petitioner would be entitled to benefit of Section 14 of the Limitation Act, 1963 as regular the time spent in prosecuting the above petition. 4. Pending IA.s if any, stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 1 Sl No.: 16 CT: BHK