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2025 DAILYLAW 44630 (KAR)

MR. CHANDRAGOUDA S/O LINGANNAGOUDA POLICE PATIL v. DCB BANK LIMITED,

WP/107733/2025 · 2025-11-24

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16098 WP No. 107733 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107733 OF 2025 (GM-DRT) BETWEEN: MR. CHANDRAGOUDA S/O. LINGANNAGOUDA POLICE PATIL, AGE: 46 YEARS, OCC: NIL BOTH ARE RESIDING AT: H.NO. 8, WARD NO. 1 GANGAVATHI, DIST: KOPPAL 583227. …PETITIONER (BY SRI. SANJAY CHANAL, ADVOCATE) AND: DCB BANK LIMITED, WADDERHATTI BRANCH, PROPERTY NO. 23 AND 24 GROUND FLOOR, WARD NO. 1 WADDERHATTI VILLAGE, GANGAVATHI, DIST: KOPPAL-583227 R/BY SATISH S/O. RAMU AGE: 34, OCC: MANAGER. …RESPONDENT (BY SRI.SHIVASHANKAR .A, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 30.09.2025 PASSED BY THE DRT, BENGALURU, IN I.A. NO. 2278/2024 IN S.A. NO. 517/2024 VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE DRT TO CONDONE THE DELAY AND HEAR S.A. NO. 517/2024 ON MERITS EXPEDITIOUSLY.IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16098 WP No. 107733 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. Issue a writ in the nature of certiorari, quashing the impugned order dated 30.09.2025 passed by the DRT, Bengaluru, in I.A. No.2278/2024 in S.A. No. 517/2024 vide Annexure-G, in the interest of justice and equity. b. Issue a writ in the nature of mandamus directing the DRT to condone the delay and hear S.A.No.517/2024 on merits expeditiously. in the interest of justice and equity. c. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. This Court on 28.10.2025 had passed the following order: “Learned counsel for the petitioner submits that if a week’s time is granted, he would approach the Bank and try to strike out the settlement. In that light, list the matter on 18.11.2025.” On 18.11.2025 the following order: “Learned counsel for the petitioner submits that Rs.20,00,000/- would be deposited on or before 21.11.2025. - 3 - HC-KAR NC: 2025:KHC-D:16098 WP No. 107733 of 2025 List the matter on 21.11.2025. In the event, the amount is not deposited, petition will be dismissed without any interference.” 3. The observation in the order dated 18.11.2025 was that, if the petitioner would not deposit ₹20,00,000/- within 21.11.2025, the matter would be dismissed without any interference. 4. The learned counsel for the petitioner submits that, he has now represented to the Bank with a one time settlement. It is for the bank to consider it or otherwise. 5. In the light of the breach of the interim order or undertaking a date on 18.11.2025, the petitioner does not deserve any indulgence any further. 6. The petition is thus disposed. As a consequence, I.A.1/2025 does not survive for consideration. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB