- 1 - NC: 2025:KHC:17928 WP No. 22070 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22070 OF 2024 (GM-RES) BETWEEN: MANJULA M. KABBURMATHA, AGED 46 YEARS, W/O S.K. MALLIKARJUNAIAH, R/AT MURKAL COMPOUND, CHURCH ROAD, HARIHARA - 577 601, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. SUDESH KUMAR ACHARYA U., ADVOCATE) AND: 1. THE DAVANAGERE HARIHARA URBAN SAHAKARA BANK NIYAMITHA, A REGISTERED URBAN CO-OPERATIVE BANK REGISTERED UNDER THE BANKING REGULATION ACT, BRANCH HARIHARA, REPRESENTED BY ITS AUTHORISED OFFICER AND GENERAL MANAGER, SRI. N. TULASINATH, AGED 58 YEARS, S/O LATE NARAYANASA, R/AT HARIHARA - 577 601, DAVANAGERE DISTRICT. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17928 WP No. 22070 of 2024 2. P. CHANDRASHEKAR, AGED 50 YEARS, S/O SHIVAPUTRAIAH, R/AT NEAR GURU KOTTURESHWARA TRADERS, NEAR APMC MARKET, SHIVAMOGGA ROAD, HARIHARA - 577 601, DAVANAGERE DISTRICT. 3. T.K. SRIKANTAIAH, AGED 52 YEARS, S/O VAGEESHAIAH, R/AT NO. 200, VEERESHWARA KRUPA, 4TH CROSS, HALE HARLAPURA, HARIHARA - 577 601, DAVANAGERE DISTRICT. …RESPONDENTS (BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE FOR R1; VIDE ORDER DATED 13.08.2024, NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.07.2024 AND 19.07.2024 PASSED IN CRL.MISC.CASE NO. 197/2024 ON THE FILE OF THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND CJM AT DAVANAGERE VIDE ANNX-A AND B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17928 WP No. 22070 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Sudesh Acharya U., learned counsel appearing for the petitioner, Sri. Shivalli Shivayogi Yallappagouda, learned counsel appearing for respondent No.1 and have perused the material on record. 2. This Court, on 13.08.2024, had passed the following order: "Issue emergent notice to the respondent No.1 - Bank. Interim order as prayed for subject to petitioner depositing Rs.20 lakh on or before the next date of hearing, failing which, the respondent No.1 - Bank is at liberty to proceed against the petitioner in accordance with law. Upon receipt of the said deposit, the respondent No.1 - Bank is directed to redeliver the physical possession of the secured asset to the petitioner. List on 11.9.2024. Service of notice to the respondents No.2 and 3 is dispensed with. Hand delivery ordered." 3. While extending the interim order, this Court on 02.04.2025, had observed as follows: - 4 - NC: 2025:KHC:17928 WP No. 22070 of 2024 "The learned counsel Sri. Sudesh Kumar Acharya U., appearing for the petitioner submits that the order dated 13.08.2024 has been complied with. The learned counsel for the respondent - bank admits the said compliance but would submit, after the said compliance the total amount in due is Rs.83,00,000/- as on today. The learned counsel Sri.Sudesh Kumar Acharya U., submits that if four weeks time is granted, Rs.25,00,000/- would be deposited to the bank. Therefore, the said deposit be made on or before the 2nd of May 2025. In the event, no deposit is made as undertaken by the petitioner, not only the interim order would get vacated, but the petition itself would be dismissed. List the matter on 02.05.2025. Interim order, subject to the aforesaid condition, shall continue, till the next date of hearing." 4. Learned counsel appearing for respondent No.1 - Bank submits that pursuant to the afore-quoted orders, as undertaken by the learned counsel for the petitioner to pay Rs.25.00 lakhs to the bank, not even a single rupee is paid. 5. At this juncture, the learned counsel appearing for the petitioner submits that the petitioner may be permitted to approach the Debts Recovery Tribunal. 6. In the light of the aforesaid submissions, though the petitioner, a borrower, has been in default of payment as - 5 - NC: 2025:KHC:17928 WP No. 22070 of 2024 not even a rupee is paid pursuant to the interim order dated 13.08.2024 and the undertaking given on 02.04.2025, I deem it appropriate to permit him to approach the Debts Recovery Tribunal and extend the interim order that was subsisting till date, for another period of four (4) weeks. 7. In the event, the petitioner would not approach the Debts Recovery Tribunal in the next four (4) weeks, the interim protection now granted would automatically get vanished. 8. Merely because this Court has extended the interim protection, it would not mean that the Debts Recovery Tribunal should grant an interim order. It shall consider the case on its merit, in accordance with law. 9. With the aforesaid directions, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK/List No.: 1 Sl No.: 13/CT: BHK