- 1 - NC: 2025:KHC:726 WP No. 25447 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 25447 OF 2023 (GM-RES) BETWEEN: 1. SREE ANJANA ENTERPRISES SHED NO C26, FIRST FLOOR VEERASANDRA INDSUTRIAL ESTATE ELECTRONIC CITY, PHASE 2 BANGALORE 560100 REP BY PROPRIETORS SMT GAYATHRI KRISHNA W/O S M KRISHNA 2. SMT GAYATHRI KRISHNA W/O S M KRISHNA AGED ABOUT 60 YEARS 3. SRI S M KRISHNA @ MUDDU KRISHNA SRINGERI W/O S ANJAIAH SETTY AGED ABOUT 63 YEARS PETITIONERS NO.2 & 3 ARE R/AT SHED NO C26, FIRST FLOOR VEERASANDRA INDUSTRIAL ESTATE ELECTRONICS CITY, PHASE 2 BANGALORE 560100 …PETITIONERS (BY SRI. MANJUNATHA N M., ADVOCATE) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:726 WP No. 25447 of 2023 AND: THE BRANCH MANAGER JANA SMALLA FIANNCE BANK LTD BANASHANKARI BRANCH NO.571, SY NO.17 SITUATED AT KATRIGUPPE LAYOUT 30TH MAIN ROAD NEAR DEVEGOWDA PETROL BUNK BANASHANKARI 3RD STAGE NEXT SOUTH INDIAN BANK BANASHANKARI BANGALORE 560085. …RESPONDENT (BY DR. AMIT A DESHPANDE., ADVOCATE FOR SRI.SURESH V CHANDRASHEKAR., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 02.09.2023 PASSED IN CRL.MIS.NO.804/2023 BY THE CJM, BANGALORE RURAL DISTRICT BANGALORE AS PER THE ANNEXURE-K AND GRANT AN INTERIM ORDER OF STAY THE SEIZURE OF THE PROPERTY AS PER ORDER DTD 02.09.2023 PASSED IN CRL.MIS.NO.804/2023 PASSED BY THE LEARNED CJM, BANGALORE RURAL DISTRICT BANGALORE VIDE ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This writ petition was filed by the petitioners aggrieved by the order passed by the Chief Judicial Magistrate, Bengaluru Rural District, in Criminal Miscellaneous No.804/2023. - 3 - NC: 2025:KHC:726 WP No. 25447 of 2023 2. This Court by interim directions dated 07.12.2023 had directed the petitioners to deposit a sum of Rs.20.00 Lakhs with the respondent-Bank. Accordingly, the petitioners have deposited the said sum of Rs.20.00 Lakhs. This Court had also directed by order dated 14.03.2024 that the respondent-Bank shall consider restoration of the possession in view of the deposits made by the petitioners. It is submitted at the Bar that the possession of the property has been restored to the petitioners. In this writ petition, this Court is concerned only of the impugned orders passed by the learned Chief Judicial Magistrate in respect of the action taken by the respondent-Bank in respect of one of the Accounts, where the outstanding loan amount was Rs.46.00 Lakhs. In terms of the interim directions issued by this Court, the petitioners have already deposited Rs.20.00 Lakhs. It is submitted that the petitioners are willing to repay the entire balance amount along with accrued interest and it is prayed that the respondent-Bank may be directed to consider the same and release the collateral security - 4 - NC: 2025:KHC:726 WP No. 25447 of 2023 offered by the petitioners insofar as the said Account is concerned. 3. Having regard to the admitted fact that the petitioners have approached this Court aggrieved of the impugned orders passed by the learned Chief Judicial Magistrate, permitting the respondent-Bank to take passion of the secured assets in respect of one of the Accounts where the outstanding amount was Rs.46.00 Lakhs and that the petitioners have already deposited a sum of Rs.20.00 Lakhs with the respondent-Bank and possession has been restored to the petitioners, the writ petition stands disposed of permitting the petitioners to repay the entire outstanding loan amount along with accrued interest insofar as the Account where a sum of Rs.46.00 Lakhs was overdue when the orders were passed by the learned Chief Judicial Magistrate. It is also made clear that the respondent-Bank is at liberty to proceed in respect of the other loan Accounts if the petitioners are due in any manner and in accordance with law. - 5 - NC: 2025:KHC:726 WP No. 25447 of 2023 4. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL