- 1 - NC: 2025:KHC-D:3756 WP No. 100546 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100546 OF 2025 (GM-RES) BETWEEN: M/S. NEW CENTRAL DHABA BY ITS PROPRIETORSHIP SHAMSHUDDIN P.P. NO. 56/2, SUTKATTI CROSS BELAGAVI, DIST BELAGAVI- 590001. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: UNION BANK OF INDIA, SAMADEVI GALLI BRANCH BELAGAVI- 590001, BY ITS AUTHORIZED OFFICER, MR. RAGHAVENDRA NAYAK. …RESPONDENT (BY SRI GIRISH S. HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO I) A WRIT IN A NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 08-12-2023 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN CRL. MISC. NO. 153/2023 VIDE ANNEXURE-E. II) A WRIT IN A NATURE OF MANDAMUS DIRECTING RESPONDENT BANK TO CONSIDER REPRESENTATION DATED 10-01-2025 VIDE ANNEXURE-F. III) ISSUE SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3756 WP No. 100546 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayers: (i) A writ in a nature of certiorari quashing the impugned order dated 08-12-2023 passed by II Addl. Senior Civil Judge and CJM, Belagavi in Crl. Misc. No. 153/2023 vide Annexure-E. (ii) A writ in a nature of mandamus directing respondent bank to consider representation dated 10-01-2025 vide Annexure-F. (iii) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 2. During the pendency of the petition, learned counsel appearing for the petitioner has come forward to clear the loan amount and has filed an affidavit to that effect. The affidavit of undertaking reads as follows: “UNDERTAKING AFFIDAVIT I, Shamshuddin PP S/o Muhammad Poyyakkil, Age: 60 years, Occ; Business, R/o: No.56/2, Sutkatti Cross, Belagavi, Dist: Belagavi- 590001, today at Dharwad, do hereby solemnly affirm and state on oath as follows: I state that I am the Petitioner in the above Writ Petition and I know the facts of the case. Hence I am swearing to this affidavit. - 3 - NC: 2025:KHC-D:3756 WP No. 100546 of 2025 I state that, I have challenged the impugned order dated 08.12.2023 passed by II Addl Senior Civil Judge and CJM, Belagaviin Crl.Misc No.153/2023 vide Annexure-E and A writ in a nature of Mandamus directing Respondent Bank to consider representation dated 10.01.2025 vide Annexure-F. That, I due to ill-health in the family members vide Annexure-B to D I have incurred heavy medical expenses. That, I have given representation Annexure-F stating that I have immovable properties in Kerala and negotiation are going on for sale of the properties and I shall clear the loan amount if reasonable time is granted with a liberty to start the Dhaba. That, I shall pay Rs. 10,00,000/- within 10 days from today and shall undertake to clear the loan amount within 6 months from today i.e. 31.08.2025. That, if I fail o pay the amount I shall voluntarily deliver the possession of the Dhaba and I shall not challenge the action of Respondent Bank. Hence this affidavit. 3. The petitioner has undertaken that he would pay Rs.10,00,000/- within ten days from today and further undertakes that the entire loan amount would be cleared within six months from today. The undertaking also record that, in the event he would fail to pay the amount, he would voluntarily deliver the possession of the Dhaba and would not challenge the action of the respondent – Bank. 4. In the light of the affidavit of undertaking, I deem it appropriate to direct the respondent - Bank to - 4 - NC: 2025:KHC-D:3756 WP No. 100546 of 2025 restore possession of the petitioner on the day on which he deposits Rs.10,00,000/-, if it is tomorrow, which shall be tomorrow and if it is after ten days, which shall be after ten days. In the event, any other conditions is breached, it is open to the respondent - Bank to take possession of property for which the subject order will be an order under Section 14 of the SARFAESI Act 2002. 5. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE Vnp / CT: ASC List No.: 1 Sl No.: 65