M/S. BHARATH RICE INDUSTRIES v. STATE BANK OF INDIA
WP/21066/2021 · 2025-11-25
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39144 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39144 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49089 WP No. 21066 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21066 OF 2021 (GM-RES) BETWEEN:
1.
M/S BHARATH RICE INDUSTRIES REPRESENTED BY ITS PARTNERS,
I. SMT. A NASEEMA, II. HASEENA BEGUM, III. MR. ALEEMULLA BAIG, IV. MR. KAMAL PASHA,
2.
SMT. A NASEEMA AGED ABOUT 38 YEARS W/O. SRI. ALEEMULLA BAIG, R/AT NO.12-B-CROSS, NEAR NIMRAH MOSQUE, P.H. COLONY, TUMKUR
3.
MR. ALEEMULLA BAIG AGED ABOUT 46 YEARS S/O. LATE SRI. HASSAN BAIG, R/AT NO.12-B-CROSS, NEAR NIMRAH MOSQUE, P.H. COLONY, TUMKUR
4.
SMT. HASEENA BEGUM AGED ABOUT 41 YEARS W/O. SRI. KAMAL PASHA
5.
MR. KAMAL PASHA AGED ABOUT 54 YEARS S/O. SRI. P. ABDUL REHMAN
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49089 WP No. 21066 of 2021
PETITIONERS NO.4 AND 5 ARE R/AT NO.30, 5TH CROSS NEW NO.72B, 5TH MAIN P.H. COLONY, TUMKUR …PETITIONERS (BY SRI. RAJENDRA M.A., ADVOCATE) AND:
STATE BANK OF INDIA THE AUTHORIZED OFFICER, (WEF 1.04.2017) SME BR.4TH CROSS, ASHOKA NAGAR, OPP. TUMKUR UNIVERSITY CAMPUS, B.H.ROAD, TUMKUR - 572 101. …RESPONDENT
(BY SRI. MADHUKAR M. DESHPANDE, ADVOCATE)
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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO REFUND THE EXCESS AMOUNT LYING IN THE LOAN ACCOUNT OF THE PETITIONERS, ON SETTLING THE ACCOUNT UNDER ELIGIBLE OTS SCHEME, WITHOUT ANY DISCRETION AND DISCRIMINATION ALONG WITH INTEREST AT 12 PERCENT P.A., COMPOUNDED MONTHLY/QUARTERLY, AS THE CASE MAY BE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2025:KHC:49089 WP No. 21066 of 2021
ORAL ORDER Heard the counsel appearing for the parties.
2. In this petition, the petitioners have sought for a direction to refund the excess amount lying in the Loan Account of the petitioners.
3. On careful consideration of the final order dated 12.04.2018 (Annexure-R.1) by the Debts Recovery Tribunal II, Karnataka at Bengaluru wherein, the Sale Notice dated 03.03.2017 is held to be valid and confirmed in respect of Item No.1, 1(b) and 2 of the Schedule mentioned therein. It is also to be noted that, if the petitioners are being aggrieved by the
Order passed by the Debts Recovery Tribunal at Annexure R.1, it is open for the petitioners to challenge the same before the Appellate Authority as per the provisions contained under the Debts Recovery Tribunal Act.
4. In that view of the matter, no interference is called for in this petition. The writ petition is accordingly, dismissed. SD/- (E.S.INDIRESH) JUDGE
rs/List No.: 1 Sl No.: 21/CT-SG