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2025 DAILYLAW 41111 (KAR)

STATE BANK OF INDIA v. SRI NAGARAJ T V

WP/48959/2016 · 2025-11-26

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49034 WP No. 48959 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 48959 OF 2016 (GM-RES) BETWEEN: STATE BANK OF INDIA A BANKING INSTITUTION CONSTITUTED UNDER THE PROVISIONS OF STATE BANK OF INDIA ACT, 1955 HAVING ITS CORPORATE OFFICE AT MADAM CAMA ROAD, MUMBAI AND ONE OF ITS BRANCH OFFICES AT M.C.ROAD, SHIVAPURA-571 429 (MANDYA DISTRICT) REPRESENTED BY ITS BRANCH MANAGER SRI.RAMESH KULKARNI …PETITIONER (BY SRI. B.S. VENKATANARAYANA., ADVCOATE FOR SRI. MADHUKAR DESHPANDE., ADVOCATE) AND: SRI NAGARAJ T V S/O SRI RAMAIAH T.V. AGED ABOUT 59 YEARS R.AT NO.27, WARD NO.8 II MAIN ROAD, M.S.R. LAYOUT, RAMAMURTHINAGAR, BANGALROE-560 016 …RESPONDENT (RESPONDENT - SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.28.5.2015 PASSED BY THE PERMANENT LOK ADALAT, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49034 WP No. 48959 of 2016 BANGALORE IN PLA PETITION NO.4/2014 VIDE ANNEX-G AND GRANT AN INTERIM ORDER TO STAY OPERATION AND EXECUTION OF ORDER DTD.28.5.2015 PASSED BY THE PERMANENT LOK ADALAT, BANGALORE IN PLA PETITION NO.4/2014 VIDE ANNEX-G. 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 ORAL ORDER In this writ petition, the petitioner is assailing the order dated 28.05.2015 (Annexure 'G') passed by the Permanent Lok Adalat at Bengaluru in PLA Petition No.4/2014. 2. Heard Sri. B.S. Venkatanarayana for Sri. Madhukar Deshpande learned Counsel appearing for the petitioner. The respondent is served and has remained absent. 3. On careful consideration of the submission made by the learned counsel appearing for the petitioner challenging the order dated 28.05.2015, wherein it is forthcoming from the petition that the respondent herein - 3 - HC-KAR NC: 2025:KHC:49034 WP No. 48959 of 2016 is an employee of the petitioner-Bank. Insofar as the benefits are concerned, it is contented by the respondent before the pre-conciliation Lok Adalath as to the refund of the Income-Tax Deduction at Rs.9,339/- and deduction of the Income-Tax to the extent of Rs.2,722/- with interest at the rate of 12% per annum from the date of non- payment. The Permanent Lok Adalat while exercising powers under Section 22C(8) of Legal Services Authority Act, 1987, disposed of the petition and accordingly directed the petitioner herein to pay Rs.12,342/- with interest at the rate of 10.25% per annum as an excess amount and further directed the respondents therein to pay Rs.1,000/- each. 4. It has to be considered that the finding recorded by the Permanent Lok Adalat is without any basis and ought to have considered the deposit made with the Income Tax Department on 05.05.2007 and 29.01.2008. It is also to be noted that Form No.16 was issued to the respondent by the petitioner during the month of June - 4 - HC-KAR NC: 2025:KHC:49034 WP No. 48959 of 2016 2008 wherein, the respondent came to know about the alleged excess deduction made during June 2008. 5. In that view of the matter, as the Permanent Lok Adalat, Bengaluru has not considered the statement of objections filed by the petitioner herein in right perspective and therefore saddled with the payment of Rs.12,342/-, hence, I find force in the submission made by the learned Counsel appearing for the petitioner. 6. Accordingly, I pass the following: ORDER i) Writ Petition is allowed. ii) The order dated 28.05.2015 passed by the Permanent Lok Adalath, Bengaluru in PLA Petition No.4/2014 (Annexure 'G') is hereby set aside. Sd/- (E.S.INDIRESH) JUDGE JT/- CT: JL