- 1 - NC: 2025:KHC:1930 WP No. 28838 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 28838 OF 2023 (GM-RES) BETWEEN: 1. SRI. HARSH VIJAYKUMAR DARBAR, S/O LATE VIJAYAKUMAR VITTALDAS DARBAR, AGED ABOUT 51 YEARS, R/AT OLD NO. 119, 12TH B CROSS, 19TH MAIN, J P NAGAR 2ND PHASE, BENGALURU - 560 078. 2. SMT. SAVITHA H DARBAR W/O SRI. HARSH VIJAYKUMAR DARBAR, AGED ABOUT 46 YEARS, R/AT OLD NO. 119, 12TH B CROSS, 19TH MAIN, J P NAGAR 2ND PHASE, BENGALURU - 560 078. …PETITIONERS (BY SRI. NAGENDRA KUMAR K.,ADVOCATE) AND: TUMKUR VEERASHAIVA CO-OPERATIVE BANK LTD., HEAD OFFICE AT DR. S RADHAKRISHNA ROAD, S.S. PURAM, TUMKUR 572 102 REPRESENTED BY ITS BRANCH MANAGER …RESPONDENT (BY SRI. K V LOKESH.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DATED 03.05.2023, ISSUED AGAINST THE SCHEDULE PROPERTY OF THE PETITIONERS IS CONCERN PASSED BY THE RESPONDENT BANK, AS PER ANNEXURE-B AND DIRECT THE RESPONDENT BANK TO STOP FURTHER PROCEEDINGS IN-PURSUANCE OF THE IMPUGNED POSSESSION NOTICE DATED 03.05.2023, AS PER ANNEXURE-B AND ETC., Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1930 WP No. 28838 of 2023 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT ORAL ORDER Counsel for the petitioner having argued the matter submits that his client is ready & willing to close the very account itself by making payment of loan amount. To this effect memo dated 17.01.2025 is also filed by the counsel appearing for the petitioner on instructions of his client. The said memo reads as under: “The petitioners undertakes to clear the outstanding due amount on or before 31.03.2025 to the respondent in the interest of justice and equity”. 2. Learned Panel Counsel appearing for the respondent-bank, though initially resisted the proposal contending that the right Forum for the petitioner is DRT and not the Writ Court, now in all fairness agrees with the proposal of the petitioner subject to all just exceptions. - 3 - NC: 2025:KHC:1930 WP No. 28838 of 2023 In view of the above, the writ petition is disposed off. Should the petitioner fail to adhere to the undertaking given to this court and promise made to the respondent-bank on or before 31.03.2025, it is open to the bank to take up all coercive measures including auctioning of the subject property in accordance with law. It is made clear that all and whatever amount is paid to the account in question hitherto shall be given due discount. Ordered accordingly. Sd/- (KRISHNA S DIXIT) JUDGE Snb/ List No.: 1 Sl No.: 3