- 1 - NC: 2025:KHC:14611 WP No. 27324 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27324 OF 2024 (GM-RES) BETWEEN: SRI. PANEESH CHANDRA JAVALI, S/O LATE J.S. UMASHANKAR, AGED 32 YEARS, RESIDING AT GOWARISHIKHARA, 4TH WARD, SOMESHWARA EXTENSION, DODDABALLAPURA, BANGALORE RURAL DISTRICT. …PETITIONER (BY SMT. AMRUTHA RAO, ADVOCATE FOR SMT. SANDHYA U. PRABHU, ADVOCATE) AND: TUMKUR VEERASHAIVA CO-OPERATIVE BANK REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, REPRESENTED BY ITS AUTHORIZED OFFICER, MANAGER, HEAD OFFICE, DR.S. RADHAKRISHNA ROAD, S.S.PURAM BRANCH, TUMKUR - 572 102. …RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE FOR C/R) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14611 WP No. 27324 of 2024 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, RURAL COURT BANGALORE IN CRL.MISC.NO. 1393/2023 DATED 10.10.2023 PRODUCED AT ANNX-B IN SO FAR AS PETITIONER CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "a) Issue a writ in the nature of certiorari quashing the order of the learned Chief Judicial magistrate, Rural court Bangalore in Crl.Misc.No.1393/2023 dated 10/10/2023 produced at Annexure-B in so far as the petitioner is concerned. b) Issue a writ of mandamus directing the respondent bank to restructure the loan account of the petitioner which is the subject matter of the appeal in S.A.No.174/2024 produced at Annexure-G. c) Grant such further and other reliefs as this Hon'ble court may consider fit ad proper in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Smt. Amrutha Rao, learned counsel along with Smt. Sandhya U. Prabhu, learned counsel appearing for - 3 - NC: 2025:KHC:14611 WP No. 27324 of 2024 the petitioner, Sri. K.V. Lokesh, learned counsel appearing for the caveator/respondent and have perused the material on record. 3. This Court had granted certain interim orders from time to time, which reads as follows: On 04.10.2024: "Learned counsel for the respondent/caveator acknowledges receipt of copy of the writ petition papers. Hence office objection No.2 is over-ruled. Learned counsel for the petitioner is permitted to comply with office objection No.1. It is forthcoming that the Debt Recovery Tribunal vide order dated 19.08.2024 passed on I.A.No.1486/2024 in SC.No.174/2024 granted stay of the possession notice dated 01.08.2023 subject to certain conditions and that the matter was posted on 27.09.2024 for reporting compliance of the said condition. It is further forthcoming that on 27.09.2024 the Tribunal after satisfying itself that the first condition has been satisfied, has extended the interim order till the next date of hearing i.e., 8.10.2024. Learned counsel for the petitioner further submits that on 01.10.2024 the respondent/Bank purportedly in furtherance of the order dated 10.10.2023 passed in Criminal Miscellaneous No.1393/2023 (Annexure-B) has come to the property on 01.10.2024 and attempted to take possession. In view of the aforementioned ad interim stay of the order dated 10.10.2023 passed in Criminal Miscellaneous No.1393/2023 by the CJM Rural Court, Bengaluru, (Annexure-B), till the next date of hearing. Call on 15.10.2024." - 4 - NC: 2025:KHC:14611 WP No. 27324 of 2024 On 20.03.2025: "List the matter on 28.03.2025 in the fresh matters list Interim order subsisting shall continue, subject to the condition that the petitioner would file an affidavit of undertaking before this Court, about the amount to be paid to the Bank, to get the account regularized." 4. This Court had directed the petitioner to file an affidavit of undertaking of amount to be paid to regularise the account of the petitioner. The affidavit of undertaking is filed and the affidavit reads as follows: "UNDERTAKING AFFIDAVIT I, Sri. Paneesh Chandra Javali, S/o Late J S Umashankar, Aged 32 years, Residing at Gowrishikhara, 4th Ward, Someshwara Extension, Doddaballapura, Bangalore Rural District do hereby affirm and state on oath as follows:- 1. I state that, I am the petitioner in the above case, I know the facts of the above case. Hence I am swearing to this affidavit. 2. The statements and averments made by me petition may kindly be taken as part and parcel of this affidavit. 3. I submit that, I am the legal heir of the borrower and I have challenged the order of the learned Chief Judicial magistrate, Rural court Bangalore in Crl.Misc No.1393/2023 dated 10/10/2023 produced at Annexure-B and also a writ of mandamus directing the respondent bank to restructure the loan account of the petitioner which is the subject matter of the appeal in S.A.No.174/2024 produced at Annexure-G. 4. My father had availed a loan of - 5 - NC: 2025:KHC:14611 WP No. 27324 of 2024 Rs.4,50,00,000/-(Rupees Four crores fifty lakhs only) on 09/09/2016 and another loan of Rs.4,00,00,000/-(Rupees Four crores only) on 28/12/2018.From then as on today, I have paid Rs.10,39,84,404/-(Rupees Ten Crores Thirty nine lakhs eighty four thousand four hundred four only). As the bank is ready to regularise my loan account, I undertake to pay the sum of Rs.1,24,20,000/-(Rupees one crore twenty four lakhs twenty thousand only) by 30th June 2025. 5.In the event if I fail to make above said payment, the respondent bank may proceed to take further action in accordance with law." 5. Learned counsel appearing for the caveator/respondent, Sri. K.V. Lokesh would submit that the contents of the affidavit are acceptable to the respondent except the fact of the indication that the closure of the account would happen by 30.06.2025, which the learned counsel submits that it should be restricted to 30.05.2025. 6. The same merits acceptance. 7. Therefore, except the change of date from 30.06.2025 to 30.05.2025, all the contents of the affidavit are noted as a part and parcel of the order. With the aforesaid observations, the petition stands disposed. - 6 - NC: 2025:KHC:14611 WP No. 27324 of 2024 Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 21 CT: BHK