- 1 - HC-KAR NC: 2025:KHC:44414-DB WP No. 33838 of 2017 C/W WP No. 13457 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 33838 OF 2017 (GM-DRT) C/W WRIT PETITION NO. 13457 OF 2017 (GM-DRT) IN WP No. 33838/2017: BETWEEN: M/S. CANARA BANK LALBAGH WEST, BANGALORE-560 004 REP. BY ITS CHIEF MANAGER, SRI DAMODARA S AGED ABOUT 58 YEARS, S/O G. SANBUGAN. …PETITIONER (BY SRI. A. RAVISHANKAR, ADVOCATE) AND: SRI K.M. VAMANA MURTHY AGED ABOUT 52 YEARS, NO.348, 1ST ‘D’ CROSS, SECOND PHASE, BANASHANKARI III STAGE, BANGALORE-580 085 AND ALSO AT: Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44414-DB WP No. 33838 of 2017 C/W WP No. 13457 of 2017 SENIOR MANAGER, THE MYSORE CONSTRUCTIONS COMPANY, ‘SUMERU’, NO.12, M.N. KRISHNARAO ROAD, BASAVANAGUDI, BANGALORE-560 004 …RESPONDENT (BY SRI. RAMESH CHANDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 9.2.2017 PASSED BY THE DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI, IN R.A.NO.35/2015 VIDE ANNEXURE-A INSOFAR AS THE LIABILITY FIXED ON THE OFFICERS OF THE BANK, BY AFFIRMING THE ORDER PASSED BY THE DEBTS RECOVERY TRIBUNAL, BANGALORE DATED 16.10.2014 IN O.A.NO.176/2017 VIDE ANNEXURE-G AND ETC. IN WP NO. 13457/2017: BETWEEN: SRI. K.M. VAMANA MURTHY S/O. MAHABALA RAO, AGED ABOUT 52 YEARS, R/O. NO. 348, 1ST ‘D’ CROSS, II PHASE, BANASHANKARI III STAGE, BENGALURU-560 085. ...PETITIONER (BY SRI. RAMESH CHANDRA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:44414-DB WP No. 33838 of 2017 C/W WP No. 13457 of 2017 AND: 1. CANARA BANK LALBAGH WEST BRANCH, REPRESENTED BY ITS SENIOR MANAGER, SRI. K. SRIRAM, HAVING ITS REGD, OFFICE AT NO.112, J.C. ROAD, BENGALURU-560 002. 2. DEBT RECOVERY APPELLATE TRIBUNAL CHENNAI-600 003, BY ITS SREGISTRAR 3. DEBT RECOVERY TRIBUNAL KARNATAKA KRISHI BHAVANA, HUDSON CIRCLE, BENGALURU-560 002, BY ITS REGISTRAR. ...RESPONDENTS (BY SRI. A. RAVISHANKAR, ADVOCATE FOR R1; V/O DATED 13.06.2018, SERVICE OF NOTICE TO R1 & R3 IS DISPENSED WITH FOR THE TIME BEING) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.02.2017 PASSED BY THE R-2 DEBIT RECOVERY APPELLATE TRIBUNAL, CHENNAI, IN RA 35 OF 2015 AS PER ANNEXURE-A AND ALLOW RA NO.35 OF 2015 IN ITS ENTIRETY AND ETC. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:44414-DB WP No. 33838 of 2017 C/W WP No. 13457 of 2017 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) Writ Petition No.33838/2017 has been filed by the bank, is the applicant before the Debts Recovery Tribunal (for short ‘DRT’) and Writ petition No.13457/2017 has been preferred by one K.M.Vamana Murthy, who is the defendant before the DRT, both impugning the order dated 09.02.2017 passed by the Debts Recovery Appellate Tribunal, Chennai, (for short ‘DRAT’) in Regular Appeal No.35/2015. 2. The bank has challenged the liability fixed by the DRAT on the officers of the bank, by affirming the order passed by the DRT dated 16.10.2014, in O.A.No.176/2007. 3. This Court with the consent of the parties referred the matter to the Karnataka Mediation Centre vide order dated 04.09.2025. The parties have settled their dispute amicably before the Karnataka Mediation Centre. The Karnataka - 5 - HC-KAR NC: 2025:KHC:44414-DB WP No. 33838 of 2017 C/W WP No. 13457 of 2017 Mediation Centre has forwarded the report along with the terms of settlement dated 25.09.2025. The respondent has undertaken to execute and sign the One Time Settlement (OTS) form- Annexure-II as may be issued by the petitioner-bank, strictly in accordance with the bank’s internal rules, regulations and policies to clear the liability. The bank has agreed for settlement of the outstanding dues against the respondent for a sum of Rs.12,85,000/- which would include Rs.6,00,000/- already deposited by the respondent before the DRAT, Chennai and the interest accrued thereon. The respondent has paid Rs.6,85,000/- to the petitioner-bank by handing over a demand draft bearing No.559078 dated 14.10.2025 drawn on Union Bank of India, Bangalore. 4. As the parties have settled their dispute in terms of the settlement arrived by the parties before the Mediation Centre, which they affirm before us through Smt.Anju, authorised representative of the petitioner-bank and the respondent in person, we dispose of this writ petition in terms of the settlement arrived at between the parties. The amount of Rs.6,00,000/- - 6 - HC-KAR NC: 2025:KHC:44414-DB WP No. 33838 of 2017 C/W WP No. 13457 of 2017 already deposited before the DRAT, Chennai, along with interest accrued thereon and Rs.6,85,000/- paid today by the respondent through demand draft to the petitioner- bank is towards full and final settlement of all dues of the petitioner-bank against the respondent. We make it clear that nothing more is payable by the respondent to the petitioner-bank. The parties shall abide by the terms of settlement dated 14.10.2025. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 45