- 1 - HC-KAR NC: 2025:KHC:43085 WP No. 25942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25942 OF 2025 (GM-RES) BETWEEN: KINGWOOD ENTERPRISES A PROPRIETARY CONCERN HAVING ITS OFFICE AT NO. 70/1, PRIZM GREYSTONE. UNIT NO. 4, I FLOOR, MILLERS ROAD, BENGALURU 560 052 REPRESENTED BY ITS PROPREITOR MRS. MUBEENA AGED ABOUT 50 YEARS W/O MR. FAROOQ ALI KHAN EMAIL INFOKINGSWOOD.COM …PETITIONER (BY SRI. SIVARAMAKRISHNAN M SIVSANKARAN., ADVOCATE) AND: 1. CANARA BANK (A GOVERNMENT OF INDIA UNDERTAKING) A BANKING COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 AND GOVERNED UNDER THE PROVISIONS OF THE BANKING REGULATIONS ACT, 1949 HAVING ITS BRANCH OFFICE AT NO. 86, SPENCERS TOWER, MG ROAD, CANTONMENT BRANCH, BENGALURU 560 001 REPRESENTED BY ITS CHIEF MANAGER EMAIL CB0404@CANARABANK.COM 2. RESERVE BANK OF INDIA A STATUTORY AUTHORITY ESTABLISHED UNDER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43085 WP No. 25942 of 2025 THE PROVISIONS OF THE RESERVE BANK OF INDIA ACT, 1934 HAVING ITS REGIONAL OFFICE AT NRUPATHUNGA ROAD, BENGALURU - 560 001 REPRESENTED BY ITS REGIONAL DIRECTOR EMAIL RDBENGALURU@RBI.ORG.IN …RESPONDENTS (V/O/D 15.10.2025 VIGNESH SHETTY FOR R1; V/O/D 15.10.2025 PRADEEP A SAWKAR., FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, ANY OTHER WRIT(S), ORDER(S), RULE(S) OR DIRECTION(S) FOR THE PURPOSE OF QUASHING THE UNAUTHORISED AND ERRONEOUS DEBIT OF PENALTIES, AMOUNTING TO THE SUM OF RS.64,15,521.16 (RUPEES SIXTY FOUR LAKHS FIFTEEN THOUSAND FIVE HUNDRED TWENTY ONE AND SIXTEEN PAISA ONLY). FROM THE PETITIONERS OD ACCOUNT NO. 125005337660 BY RESPONDENT NO. 1. CANARA BANK AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: 1. Issue a Writ of Certiorari, any other writ(s), order(s), rule(s) or direction(s), for the purpose of quashing the unauthorised and erroneous debit of penalties, amounting to the sum of Rs. 26,46,148.77 (Rupees Twenty Six Lakhs Forty Six Thousand One Hundred and Forty-Eight and Seventy Seven Paisa Only), from the Petitioner's OD Account No. 0404256009133 by Respondent No. 1, Canara Bank; - 3 - HC-KAR NC: 2025:KHC:43085 WP No. 25942 of 2025 2. Issue a Writ of Mandamus, or any other writ(s), order(s), rule(s) or direction(s), directing the Respondent No. 1, Canara Bank, to forthwith reverse and refund the sum of Rs.26,46,148.77 (Rupees Twenty-Six Lakhs Forty Six Thousand One Hundred and Forty Eight and Seventy Seven Paisa Only) to the Petitioner's OD Account No. 0404256009133, accompanied by interest at such rate as this Hon'ble Court may, in its judicious discretion, deem fit, commencing from the date of wrongful debit until the date of actual restitution. 3. Issue a Writ of Mandamus, or any other writ(s), order(s), rule(s) or direction(s), directing Respondent No. 1, Canara Bank, to reinstate the full drawing power and operational status of OD Account No. 0404256009133, in strict adherence to the original Sanction Letter dated 28.07.2023, until such time as any valid and legally permissible alterations are duly communicated and formally assented to; 4. Issue a Writ of Mandamus, or any other writ(s), order(s), rule(s) or direction(s), directing the Respondent No. 2 / Reserve Bank of India to initiate appropriate actions and / or proceedings qua the Respondent No. 1 including but not limited to imposing penalties against the Respondent No. 1 for the arbitrary actions in levying the penal charges without any advance notice or intimation to the Petitioner and for violating its own policies and frameworks. 5. Issue any other appropriate Writ, order, or direction as this Hon'ble Court may deem just and proper in the prevailing facts and circumstances of the instant case, in furtherance of the interests of justice and equity. - 4 - HC-KAR NC: 2025:KHC:43085 WP No. 25942 of 2025 2. Though the aforesaid reliefs have been sought for, the essential grievance of the petitioner is that the representation dated 11.07.2025 at Annexure-L to the petition has not been considered by Respondent No.1. 3. Whenever any representation is submitted to a Bank, it is but required for the Bank to consider the same and pass necessary orders, either accepting the representation or rejecting the same, within a reasonable period of time. Needless to say if an order of rejection is passed, such order would have to be accompanied by reasons. Neither having been done, I pass the following: ORDER i) The Writ Petition is allowed; ii) The reliefs sought for are moulded. The Respondent No.1 is directed to consider the representation dated 11.07.2025 at Annexure-L and pass necessary orders within four weeks - 5 - HC-KAR NC: 2025:KHC:43085 WP No. 25942 of 2025 from the date of receipt of the copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 63