Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2146 WP No. 34680 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 34680 OF 2024 (GM-RES)
BETWEEN:
SRI. Y. N. CHANDRU S/O. LATE NINGEGOWDA AGED ABOUT 64 YEARS YELIYURU VILLAGE, MANDYA TALUK MANDYA DISTRICT - 571 402 KARNATAKA …PETITIONER (BY SRI. MADHUKAR S., ADVOCATE) AND:
1.
CANARA BANK YELIYURU BRANCH EARLIER KNOWN AS SYNDICATE BANK OPP. YELIYURU RAILWAY STATION MANDYA TALK, MANDYA DISTRICT-571 402 REPRESENTED BY ITS AUTHORIZED OFFICER'S
2.
CANARA BANK REGIOANL OFFICER REGIONAL OFFICE MANDYA DISTRICT, MANDYA -571402. …RESPONDENTS (BY SMT. NATASHA N MURTHY., ADVOCATE FOR SRI. VIGNESH SHETTY., ADVOCATE)
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2146 WP No. 34680 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED NOTICE DTD. 03.12.2024 ISSUED BY THE R-2 HEREWITH PRODUCED AS PRODUCED AS ANNX-A AND GRANT AN INTERIM ORDER TO STAY THE IMPUGNED NOTICE DTD. 03.12.2024 PENDING DISPOSAL OF THE ABOVE WRIT PETITION WHICH IS PRODUCED AS ANNX-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
On 08.01.2025, the following order was passed:
“Learned Counsel for the respondent-Bank submits that the interim directions were issued by this Court on 19.12.2024 staying the impugned notice dated 03.12.2024, subject to the petitioner depositing a sum of Rs.15,00,000/- on or before the next date of hearing. However, the petitioner has not complied with the directions and therefore, the interim directions issued by this Court should not be extended.
Learned Counsel for the petitioner, however, submits that the petitioner has deposited a sum of Rs.6,00,000/-.
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NC: 2025:KHC:2146 WP No. 34680 of 2024
It is the contention of the petitioner and in terms of the impugned notice, the outstanding loan amount is more than Rs.1.34 crores. Therefore, when the petitioner has not even complied with the directions of depositing Rs.15,00,000/-, no further indulgence can be shown by this Court. Re-list this matter on 20.01.2025.”
2. Learned Counsel for the respondent-Bank submits that pursuant to the orders passed on 08.01.2025, the respondent-Bank has proceeded to take possession of the secured assets of the petitioner on 13.01.2025. However, it is contended that the petitioner has broken the lock put by the respondent-Bank.
Learned Counsel for the respondent-Bank further submits that action will be initiated by the respondent-Bank in accordance with law.
3. Having regard to the facts stated herein above, this Court is of the considered opinion that the interim protection given by this Court to the petitioner was on the basis of a conditional order and that condition not having
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NC: 2025:KHC:2146 WP No. 34680 of 2024
been fulfilled, the writ petition cannot be maintained any further.
4. Accordingly, the writ petition stands dismissed.
Sd/- (R DEVDAS) JUDGE
DL CT: JL