- 1 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2634 OF 2025 (GM-RES) C/W WRIT PETITION NO. 15798 OF 2025 (GM-RES) IN WP No. 2634/2025 BETWEEN: 1. M/S BETHAL EDUCATION TRUST (R) HAVING ITS REGISTERED OFFICE AT NO.05 (OLD NO. 170), 5TH MAIN ROAD, BCC LAYOUT, NEAR CHANDRA LAYOUT WATER TANK, VIJAYANAGAR, BENGALURU - 560 040. 2. MR. P. MANOHAR, S/O PERIASWAMY PILLAI S. R, AGED ABOUT 57 YEARS, TRUSTEE/PRESIDENT OF M/S. BETHAL EDUCATION TRUST (R). 3. MRS. RITAMANU, W/O P. MANOHAR, AGED ABOUT 48 YEARS, TRUSTEE/SECRETARY OF M/S. BETHAL EDUCATION TRUST (R). ( PETITIONER NOS. 2 & 3 ARE RESIDING AT NO.05 (OLD NO.170), 5TH MAIN ROAD, BCC LAYOUT, NEAR CHANDRA LAYOUT WATER TANK, VIJAYANAGAR, BENGALURU - 560 040. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 4. MR BHASKAR A S/O ARMUGAM M, AGED ABOUT 49 YEARS, TRUSTEE, M/S. BETHAL EDUCATION TRUST (R). R/AT NO.43/3, 11TH MAIN, 1ST B CROSS, HOSAPALYA, G. B. PALYA, MADIVALA POST, MADIVALA, BENGALURU - 560 068. …PETITIONERS (BY SRI. ABHISHEK.,ADVOCATE) AND: M/S THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., REP. BY THE BRANCH MANAGER, NO.1, UTHUNGA, PANPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560 018. …RESPONDENT (BY SRI.VIVEK B.N., ADVOCATE FOR SRI. ABHINAV R., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 25.01.2025 PASSED BY THE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISRATE, RAMANAGAR IN CRL.MISC.NO. 103/2024 VIDE ANNX-A; DIRECTION TO THE RESPONDENT BANK TO GRANT EMI FACILITY FOR THE OVERDUE AMOUNT AND TO REGULARIZE THE LOAN ACCOUNT OF THE PETITIONERS HEREIN. - 3 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 IN WP NO. 15798/2025 BETWEEN: 1. MR SHIVARAJU S S/O SIDDA SHETTY SIDDARAJU AGED ABOUT 34 YEARS RESIDING AT 483, CHANNAMANAHALLI, ANJANAPURA POST, KAILANCHA HOBLI, ANJANAPURA, RAMNAGARAM, RAMNAGARA, KARNATAKA- 562 159. 2. MAHADEVA S/O KANDAIAH, AGED ABOUT 58 YEARS, RESIDING AT KEMPEGOWDANADODDI, KASABA HOBLI, NEAR ANGANAVADI, RAMANAGARAM, RAMANAGARAM, RAMANAGAR, KARNATAKA- 562 159. 3. MR. MOHAN S. S/O LATE. SHRINIVAS NAYAK AGED ABOUT 52 YEARS, RESIDING AT WARD NO. 06, OPPOSITE TO AMRUTH CABLE, CHAMINDESHWARI BADAVANE, RAMNAGARAM, RAMNAGAR, KARNATAKA- 562 159. 4. MR. MALLESH K. MAJOR IN AGE, - 4 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 RESIDING AT 46. KP DODDI VILLAGE, RAMANAGARA-562159. 5. MR. MOHAMMED SHARFUDDIN AGED ABOUT 41 YEARS, RESIDING AT NO. 327, 11TH CROSS, SHAHI TIPPU NAGARA, CHANNAPATTNA, RAMANAGAR, KARNATAKA 562 160. 6. MR. NINGARAJU S. AGED ABOUT 35 YEARS, RESIDING AT S KANVA, KOOTGAL HOBALI, RAMANAGAR TALUK, RAMANAGARA DISTRICT, CHAMANAHALLI, RAMANAGAR, KARNATAKA 562 108. 7. MR. JAYARAMA Y. S/O LATE. YALAKAIAH, AGED ABOUT 28 YEARS RESIDING AT KALIANCHANA HOBLI, KALIANCHANA POST, KUMBAPURA COLONI KUMBAPURA, RAMNAGARA, RAMANAGARAM, KARNATAKA-562 159. 8. MR. BORESH S/O PUTTIAGOWDA, AGE IN MAJOR, RESIDOING AT KOOTAGAL (HO), DODDAGANGANAHALLI (PO), NAGARAKALLU DODDI (HANUMANTHAPURA), - 5 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 DODDAGANGAWADI, RAMANAGARAM, RAMNAGARA, KARNATAKA -562 159. 9. HARISH K K S/O B. KRISHNA PRASAD, AGED ABOUT 41 YEARS, RESIDING AT 5, KYASAPURA, RAMANAGAR, KYASAPURA, KARNATAKA 562 108. 10. MR. SACHIDANANDAMURTHY, S/O SHIVAKUMARA AGED ABOUT 41 YEARS, NO. 31, ARCHAKARAHALLI, RAMNAGARAM, RAMANAGAR, KARNATAKA -562 159. 11. MR. NAGESH, S/O HANUMANIAH, AGED ABOUT 43 YEARS RESIDING AT 80, HOSURU, KUTAGAL, RAMANAGAR, KARNATAKA -562 159. 12. MRS. ASHWINI K J, W/O CHETHAN KUMAR C J, AGED ABOUT 38 YEARS, RESIDING AT NO.2309/80/9 4TH CROSS. KANAKANAGAR, NEAR BEERESHWARA TEMPLE, SATHNUR ROAD, CHANNAPATNA, PO CHANNAPATNA, DIST, RAMANAGAR KAMATAKA 562160. ...PETITIONERS (BY SRI. MADHU GOUD P.R.,ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 AND: 1. M/S THE KARNATAKA STATE CO OPERATIVE APEX BANK LTD REP. BY THE BRANCH MANAGER, NO. 1, UTHUNGA, PANPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU 560 018. 2. M/S BETHEL EDUCATION TRUST (R), REPRESENTED BY ITS PRESIDENT HAVING ITS REGISTERED OFFICE AT NO.05 (OLD NO.170), 5TH MAIN ROAD, BCC LAYOUT, NEAR CHANDRA LAYOUT WATER TANK VIJAYANAGAR BENGALURU -560 040. ...RESPONDENTS (BY SRI. VIVEK B.N., ADVOCATE FOR SRI. A. ABHINAV R., ADVOCATE FOR R1; R2 SERVED) THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 25.01.2025 PASSED BY THE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE RAMANAGARA IN CRL MISC NO. 103/2024 VIDE ANNX-F; DIRECT THE RESPONDENT SCHOOL TO MAKE APPROPRIATE PAYMENT TO THE RESPONDENT BANK; CONSEQUENTLY DIRECT THE RESPONDENT BANK TO TAKE ANY COERCIVE ACTION WHICH WILL AFFECT THE FUTURE AND EDUCATION OF THE PETITIONER CHILDREN. - 7 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This Court's previous order dated 28.08.2025 in its material part reads as under: "Mr.Vivek N., who appears on behalf of Mr. Abhinav R., the learned counsel on record for the respondent/Bank, submits that his tentative instructions are that the loan stands discharged with another Institution taking over the loan but the details will have to be placed on record. In the light of the afore, the petitions are adjourned to be called on 04.09.2025 observing that there would be no need for any interim protection if the loan stands discharged." Presently, Sri Shravan Madhav K.P., the learned counsel for the petitioners in W.P.No.2634/2025, files a memo which reads as under: - 8 - HC-KAR NC: 2025:KHC:35512 WP No. 2634 of 2025 C/W WP No. 15798 of 2025 "The undersigned counsel humbly submits as before this Hon'ble Court that, the petitioner school has obtained a no due certificate from the Respondent Bank on 04.08.2025, the same is placed before this Hon'ble Court. The same may be allowed in the interest of justice and equity." The petition must stand disposed of in terms of the memo and it is submitted in unison that consequently the other petition in W.P.No.15798/2025 must also stand disposed of. In the light of the afore, both the petitions stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr