Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19304 WP No. 51435 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 51435 OF 2019 (CS-RES)
BETWEEN:
1.
SRI.RAQEEBUR REHAMAN S/O ABDUL REHAMAN AGED ABOUT 49 YEARS ASSISTANT TEACHER GOVT.URDU LOWER PRIMARY SCHOOL ANAVERI, BHADRAVATI TALUK SHIVAMOGGA DISTRICT- 577 243
2. SMT.H.S.VANAJAKSHI W/O HANUMANTHAPPA A D, AGED ABOUT 54 YEARS ASSISTANT TEACHER, GOVT. JUNIOR COLLEGE, (HIGH SCHOOL DIVISION) KALLIHAL BHADRAVATI TALUK SHIVAMOGGA DISTRICT 577 243 …PETITIONERS (BY SRI.MANJUNATHA RAO BHOUNSLE.,ADVOCATE) AND:
1.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES & RECOVERY OFFICER KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION LTD KENGAL HUNAMANTHAIAH ROAD BENGALURU- 560 027
2.
THE TEACHERS CO-OPERATIVE BANK LIMITED REP. BY ITS BRANCH MANAGER MARUTHI RICE BUILDING B.H.ROAD, SHIVAMOGGA 577 201 … RESPONDENTS
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19304 WP No. 51435 of 2019
(BY SRI.HARISH A.S .,AGA FOR R-1;
SRI S.VITTAL SHETTY., ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CETIORARI TO QUASH THE ORDERS DATED 21.05.2019 PASSED IN EXECUTION NO.C.E.P/ARE/UBF/495/18-19 VIDE ANNEXURES- "C & D", RESPECTIVELY PASSED BY THE R-1.
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 petitioners are before this Court seeking for the following reliefs:
i) Issue a writ in the nature of certiorari to quash the orders dated 21.05.2019 passed in Execution No.C.E.P/A.R.E/U.B.F/495/18- 19 vide Annexures- "C & D", respectively passed by the 1st respondent. ii) Grant such other relief/s as this Hon'ble Court may deem fit in the circumstances of the case including the cost.
2. Petitioners were guarantors for the loan borrowed by one G.M. Sikandar Bhasha. The submission of
learned counsel for petitioners is that the respondent no.2 – bank is recovering the amount from the said
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HC-KAR NC: 2025:KHC:19304 WP No. 51435 of 2019
borrower and as such no steps would have to be taken against the petitioners for recovery of any money.
3. Learned counsel for respondent NO.2 submits that at the relevant point of time, the borrower was not available and as such bank had proceeded against the guarantors. Now, that the bank is recovering money from the borrower, no steps would be taken against the petitioners so long as borrower pays the money.
4. Such submission answers the grievance of the petitioners. Placing the said submission, petition stands dismissed.
5. Pending I.As., if any stand disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GSS List No.: 1 Sl No.: 11