- 1 - HC-KAR NC: 2025:KHC:52068 WP No. 27180 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27180 OF 2024 (GM-DRT) BETWEEN: 1. SMT. YASHODHA R W/O, SRI. RAJASHEKAR, AGED ABOUT 60 YEARS. 2. SRI. RAJASHEKAR, S/O. LATE MADEGOWDA, AGED ABOUT 66 YEARS. 3. SMT. RASHMI M.R., W/O. SRI. MAHADEVASWAMY M., AGED ABOUT 37 YEARS. 4. SRI. MAHADEVASWAMY, M., AGED ABOUT 41 YEARS, ALL THE PETITIONERS ARE R/AT NO.829, 1 CROSS, VASANTHA NAGARA, MYSORE - 570 028. ALSO, AT VINAYAKA WATER SUPPLY, NO.829, 12TH CROSS, VASANTHA NAGARA, MYSORE - 570 111. …PETITIONERS (BY SRI. KAVITHA D, ADVOCATE) AND: 1. M/S. SARASWAT CO OPERATIVE BANK LTD., (REGISTERED UNDER THE MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002) NO. 2909, KANTHARAJA URS ROAD, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52068 WP No. 27180 of 2024 GROUND FLOOR, SARASWATHIPURAM, MYSORE - 570 009. IFSC CODE: SRCB0000404 REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. VIVEKANAND SHIRALI, S/O. V.A. SHIRALI, AGED ABOUT 49 YEARS …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT BANK, TO CONSIDER THE REPRESENTATION DATED 29.07.2024 SUBMITTED TO THE RESPONDENT BANK VIDE ANNEXURE-K GRANTING THEM A MORATORIUM TIME OF THREE MONTHS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE the Petitioners, most respectfully pray before this Hon'ble Court that in view of the facts and grounds mentioned above, for the following reliefs: a) Issue writ of Mandamus to the Respondent Bank, to consider the Representation dated 29-07-2024 - 3 - HC-KAR NC: 2025:KHC:52068 WP No. 27180 of 2024 submitted to the Respondent Bank vide ANNEXURE moratorium time of three months. K granting them a b) Issue writ of Mandamus to the Respondent Bank, to withdraw all the cases pending against the Petitioners including the false case filed in O.S. No.6144/2024 upon their acceptance of the said OTS proposal and thereby, not to continue with any further proceedings against the Schedule Property. c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity." 2. The learned counsel appearing for the petitioners submits that the petitioners have requested the respondent/ Bank for One Time Settlement and in spite of repeated efforts made by the petitioners, the respondent/Bank has not considered their representation. Hence, a direction is sought to the respondent/Bank to consider their representation. 3. The learned counsel appearing for the respondent/Bank submits that, the petitioners are not entitled - 4 - HC-KAR NC: 2025:KHC:52068 WP No. 27180 of 2024 for any relief in this writ petition and in the light of the settled position of law, a writ of mandamus cannot be issued directing the respondent/Bank to consider the One Time Settlement, as requested by the petitioners. 4. On 01.10.2024, the Co-ordinate Bench of this Court granted an interim order directing the petitioners to deposit an amount of Rs.10,00,000/- within a period of two weeks from the said date, failing which, the interim order granted by this Court shall stand vacated automatically and the respondent/Bank shall be at liberty to proceed in accordance with law. 5. The learned counsel for the petitioners submits that, in compliance of the interim order, the petitioners have deposited an amount of Rs.10,00,000/- with the respondent/Bank. 6. Having heard the learned counsel on either side, perused the material on record. The petitioners are seeking a writ of mandamus directing the respondent/Bank to consider their representation for One Time Settlement. This Court is of the view that, no such direction can be issued to the Bank. The - 5 - HC-KAR NC: 2025:KHC:52068 WP No. 27180 of 2024 petitioners are required to avail appropriate remedy as is available to them in accordance with law and this Court cannot issue a mandamus to the Bank. Hence, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is disposed of by reserving liberty to the petitioners to avail appropriate remedy in accordance with law. ii. IA No.1/2025 in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 3