- 1 - NC: 2025:KHC-D:2228-DB CCC No. 100150 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100150 OF 2024 BETWEEN: SMT. H. SRIVIDYA W/O. ARUN KUMAR G, AGED: 49 YEARS, OCC: SERVICE R/O DOOR NO 2A, SITARAM NIVAS, K.C.ROAD,BALALRI-583101 …COMPLAINANT (BY SRI. MD.ABRAR. S, ADVOCATE) AND: SHRI KRISHNAMURTHY STATE BANK OF INDIA REPRESENTED BY, DEPUTY GENERAL MANAGER (SAMB), II FLOOR, OFFICE COMPLEX BUILDING, LHO CAMPUS, 65, ST.MARKS ROAD, BANGALORE-560001 …RESPONDENT (BY SRI. NANDISH. PATIL, ADVOCATE) Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2228-DB CCC No. 100150 of 2024 MEMORANDIUM OF CONTEMT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO PUNISH THE ACCUSED HEREIN FOR DISOBEYING THE ORDER DATED. 22-02-2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON BLE COURT IN W.P.NO. 104414/2023(GM-RES), AS PER ANNEXURE-B. AND ISSUE APPROPRIATE DIRECTIONS TO ACCUSED TO COMPLY WITH THE DIRECTIONS ISSUED VIDE ORDER DATED. 22-02- 2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN W.P NO. 104414/2023(GM-RES), AS PER ANNEXURE-B TO TAKE NECESSARY STEPS FOR DELETING THE NAME OF PETITIONER FROM THE WILLFUL DEFAULT LIST AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:2228-DB CCC No. 100150 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant alleges that the respondent is guilty of an undertaking that is given on his behalf in WP No.104414/2023. The undertaking refers to reads as under: Sri.Nandish Patil, learned counsel for respondent No.2 would submit that the bank is in the process of deleting the name of petitioner from the willful default list, since there is no willful default per se committed by the petitioner, but has been committed by someone else with regard to the same loan account. He submits that given a week’s time, necessary orders would be passed. Sri.Nandish Patil, the learned counsel for the respondent, relying upon Annexure - C appended to the complaint submits that the petitioner is a party to about 19 loans either as a borrower or as a guarantor; that the reference to the complainant as a default in the case of loans borrowed by him, the respondent has made appropriate corrections and the complainant is not shown as a defaulter; - 4 - NC: 2025:KHC-D:2228-DB CCC No. 100150 of 2024 that in the case of loans which are guaranteed by the complainant, her name will be shown as a defaulter because the borrower is in default. This Court is of the considered view that for the purposes of this contempt this clarification must suffice to drop the proceedings, and if the complainant has any grievance otherwise must seek appropriate orders in the pending writ proceedings. This Court must record that if, at this stage, any observation in this proceeding, despite the clarification, could prejudice the Bank’s interest. The complaint is dropped subject to the aforesaid observation. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT-VG LIST NO.: 1 SL NO.: 17