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2025 DAILYLAW 46187 (KAR)

SHRI NARAYANASWAMY v. SRI KANNIKAPARAMESHWARI CO-OPERATIVE

WP/4855/2020 · 2025-11-18

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47240 WP No. 4855 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.4855 OF 2020 (GM-RES) BETWEEN: 1. SHRI. NARAYANASWAMY S/O LATE APPANNA SHETTY AGED 66 YEARS, R/AT NO. 2539 ARALEPETE ROAD BEHIND SAHYADRI THEATER ARALEPETE HASSAN - 573 201. …PETITIONER (BY SRI. B.M. ARUN, ADVOCATE) AND: 1. SRI KANNIKAPARAMESHWARI CO-OPERATIVE BANK LTD SKPC BANK BUILDING, B M ROAD HASSAN - 573 201. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT - 573 201. 3. THE ASSISTANT COMMISSIONER HASSAN SUB-DIVISION HASSAN - 573 201. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47240 WP No. 4855 of 2020 4. INSPECTOR OF POLICE TOWN POLICE STATION HASSAN - 573 201. …RESPONDENTS (BY SRI. N.K. RAMESH, ADVOCATE FOR R1; SRI. MAHANTESH SHETTAR, AGA FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO SETTLE THE MORTGAGE LOAN ACCOUNT VIDE MORTGAGE DEED DATED 06.06.2013, VIDE ANNX-A UNDER THE ONE TIME SETTLEMENT SCHEME OR IN THE ALTERNATIVE GRANT TIME TO PAY THE DUE AMOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The petitioner in this writ petition, has sought for a direction to the respondent - Bank to settle the mortgage loan account vide Annexure-A under the 'One Time Settlement' Scheme. - 3 - HC-KAR NC: 2025:KHC:47240 WP No. 4855 of 2020 3. Following the declaration of law by the Hon'ble Supreme Court in the case of THE BIJNOR URBAN CO-OPERATIVE BANK LIMITED, BIJNOR & OTHERS Vs. MEENAL AGARWAL & OTHERS reported in AIR 2022 SC 56, this Court declines to direct the respondent - Bank to accept the prayer made by the petitioner. 4. It is also submitted by Sri. N.K. Ramesh, learned counsel for the respondent - Bank that the petitioner was a chronic defaulter and the asset of the petitioner has been declared as 'non performing asset'. In that view of the matter, no interference is called for in this writ petition. 5. The writ petition is dismissed. Pending application I.A.1/2021, stands disposed of as not surviving for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 14