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2025 DAILYLAW 40456 (KAR)

SRI MANJU MANIKYA v. SH. MOHAN RAO AMARA

CCC/756/2025 · 2025-11-25

C M Poonacha

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48834-DB CCC No. 756 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 756 OF 2025 BETWEEN: SRI. MANJU MANIKYA S/O S MANIKYA, AGED ABOUT 35 YEARS, RESIDENT AT: 1/1A, 6TH CROSS, DEVEGOWDA LAYOUT, BANGALORE SOUTH, ADUGODI, BANGALORE, KARNATAKA - 560 030. …COMPLAINANT (BY SRI. SHRAYANSH SINGH, ADVOCATE) AND: SH. MOHAN RAO AMARA MANAGING DIRECTOR, STATE BANK OF INDIA, REGISTERED OFFICE AT: STATE BANK BHAVAN, CORPORATE CENTRE, MADAME, CAMA ROAD, MUMBAI, MAHARASHTRA - 400 021. ALSO AT: FRAUD MONITORING CELL, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48834-DB CCC No. 756 of 2025 LOCAL, HEAD OFFICE, AT: No. 65, 4TH FLOOR, ST. MARKS ROAD, BENGALURU - 560 001 ALSO AT: NO.30, 14TH CROSS, 9 MAIN, 6 SECTOR, HSR LAYOUT, BENGALURU - 560 094. ALSO AT: 241, 19TH MAIN ROAD, HSR LAYOUT, 4TH SECTOR, BENGALURU - 560 102. …ACCUSED (BY SRI. G. KRISHNAMURTHY, SENIOR ADVOCATE ALONG WITH SRI. CHANDRAKANTH PATIL, ADVOCATE) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, 1950 R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 AND RULE 3 OF HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ALLEGED ACCUSED FOR WILLFULLY AND DELIBERATELY DISOBEYING THE ORDERS DATED 31.08.2024 PASSED BY HON'BLE COURT IN WP NO.23219/2024 (GM-RES) CAPTIONED AS 'BETWEEN MANJU MANIKYA AND UNION OF INDIA AND OTHERS'. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:48834-DB CCC No. 756 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging willful disobedience of an order dated 31.8.2024 passed by the Learned Single Judge of this Court in Writ Petition No.23219/2024 (GM-RES), whereby the respondents in the writ petition were restrained from taking any precipitative action against the petitioner [complainant]. 2. The complainant alleges that despite the said direction, the State Bank of India had issued a show cause notice dated 29.10.2024 and additionally, the State Bank of India had also presented the ECS instructions and also reported the non payment to Trans Union CIBIL Ltd., [CIBIL], which was arrayed as respondent No.5 in the writ petition. 3. We note that the complainant had sought the following interim prayer in the writ petition: "31. For the reasons stated in the paragraph 29 of the present petition, this Hon'ble Court be pleased to restrain the Respondent No.6 from demanding/collecting any further EMI'S from the - 4 - HC-KAR NC: 2025:KHC:48834-DB CCC No. 756 of 2025 Petitioner either by presenting the Electronic Clearance System (ECS) or by presenting the security cheques issued by the Petitioner and further not to initiate/continue any sort of precipitative action in the form of any civil, criminal or SARFAESI proceedings in order to recover the purported loan outstanding against the Petitioner herein with respect to loan account No. 00000040093187479 pending disposal of the present petition, and direct the Respondent No. 5 from ensuring that the Petitioner's CIBIL score remain unaffected pending disposal of the present petition, in the interests of justice and equity". 4. A plain reading of the interim prayer indicates that the petitioner had prayed that respondent No.6 [SBI] be restrained from " ...... any sort of precipitative action in the form of any civil, criminal or SARFAESI proceedings in order to recover the purported loan outstanding against the petitioner herein with respect to loan account No.00000040093187479 pending disposal of the present petition." 5. Admittedly, no precipitative action in the form of filing civil, criminal or SARFAESI proceedings has been taken against the complainant. There was no interim order granting any other interim relief to the complainant. - 5 - HC-KAR NC: 2025:KHC:48834-DB CCC No. 756 of 2025 6. In view of the above, we are unable to accept that there is any willful disobedience of the order dated 31.8.2024 passed by the Learned Single Judge of this Court in Writ Petition No.23219/2024 (GM-RES). 7. The complaint is, accordingly, closed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 26