SRI MOHAMMED ISHAQ S/O MAHAMMED ISMAIL BANARASI v. STATE BANK OF INDIA
WP/107642/2025 · 2025-12-01
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37526 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37526 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16838 WP No. 107642 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107642 OF 2025 (GM-RES) BETWEEN:
SRI. MOHAMMED ISHAQ S/O. MAHAMMED ISMAIL BANARASI, AGE: 38 YEARS, OCC: BUSINESS, R/O: PLOT NO.13, JAHAGIRDAR PLOT, GUDIHAL ROAD, VISHAL NAGAR, OLD HUBBALLI, HUBBALLI – 580 024. …PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE)
AND:
STATE BANK OF INDIA, A BANKING COMPANY CONSTITUTED UNDER STATE BANK OF INDIA ACT 1955 HAVING ITS CORPORATE OFFICE AT MUMBAI AND ITS LOCAL HEAD OFFICE AT BANGALORE AND A BRANCH OFFICE AT SIDDHAURUDH NAGAR, HUBBALLI AMONGS OTHER BRANCHS, REPRESENTED BY ASSISTANT GENERAL MANAGER, RACPC, HUBBALLI, SMT. VASANTHI, H. W/O. K.S.HARISH. …RESPONDENT (BY SRI. GIRISH HULMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER FAVOURABLY THE REPRESENTATION DATED 18/01/2025, 10/02/2025, 16/05/2025 AND 15/07/2025 VIDE ANNEXURE-B TO E GIVEN BY THE PETITIONER AND DIRECT THE RESPONDENT/BANK TO PROVIDE OTS SCHEME TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16838 WP No. 107642 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
“A. Issue a writ of Mandamus directing the respondents to consider favourably the representation dated 18/01/2025, 10/02/2025, 16/05/2025 and 15/07/2025 vide Annexure-B to E given by the petitioner and direct the respondent/bank to provide OTS scheme to the petitioner in the interest of justice and equity. B. Pass such other order(s) as this Hon’ble Court may deem fit to meet the ends of justice and equity.”
2. The petitioner’s prayers are twofold. The first pertains to a direction for consideration of a one-time settlement, which cannot be granted in light of the judgment of the Apex Court in Bijnor Urban Cooperative Bank Ltd. Vs. Meenal Agarwal. The learned counsel submits that he would not press for such a direction. 3. The second prayer relates to the non-disclosure of documents, namely, the petitioner’s loan statement.
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HC-KAR NC: 2025:KHC-D:16838 WP No. 107642 of 2025
4. Learned counsel, Sri Girish Hulmani, submits that the grievance of the petitioner will be addressed by furnishing the required documents. Accordingly, the respondent shall furnish the loan documents to the petitioner within four weeks from the date of receipt of a copy of this order. 5. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
AC/CT-ASC List No.: 2 Sl No.: 91