Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29109 WP No. 4174 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4174 OF 2025 (GM-RES)
BETWEEN:
1.
SRI. PRATHAP REDDY J S/O JAYARAMA REDDY C. V, AGED ABOUT 38 YEARS, R/AT NO.118, GANESHPALYA, MULBAGAL TOWN AND TALUK KOLAR DISTRICT - 563131.
2.
M/S VAHIN AGRI CLINIC, A PARTNERSHIP FIRM, REP BY MANAGING PARTNER MANJUNATHA REDDY J OFFICE AT M. N. HALLI ROAD, MULBAGAL, KOLAR DISTRICT - 563 131.
…PETITIONERS (BY SRI. DEVENDRA GOWDA R R.,ADVOCATE) AND:
1.
THE MANAGING DIRECTOR CANARA BANK, HAVING ITS HEAD OFFICE AT NO.112, J.C. ROAD, BENGALURU- 560 002.
2.
THE GENERAL MANAGER, CANARA BANK, REGIONAL OFFICE,
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29109 WP No. 4174 of 2025
NO.26, SOUTH END ROAD, BASAVANAGUDI, BENGALURU 560 004.
3.
THE CHIEF MANAGER, CANARA BANK, MULBAGAL BRANCH, NO. 118, RAGHAVENDRA COMPLEX, M.C. ROAD, MULBAGAL- 563 131.
…RESPONDENTS (BY SRI. VIGNESH S SHETTY.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 18.04.2024 GIVEN BY THE PETITIONER (VIDE ANNX-A) AT THE EARLIEST AND TO DIRECT THE RESPONDENT TO DE LINK/DE REGISTER THE P-1 LOAN ACC BEARING NO. 0769619005237 (VIDE ANNX- D) AND P-2 LOAN ACC NO. 125001340459 (VIDE ANNX- H) MAINTAINED BEFORE THE R-3 BANK FROM PRA STATUS IN ACCORDANCE WITH LAW CONSEQUENTLY ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT BANK NOT TO TAKE ANY COERCIVE ACTION AGAINST P-1 LOAN ACC BEARING NO. 0769619005237 (VIDE ANNX-D) AND P-2 LOAN ACC NO. 125001340459 (VIDE ANNX-H)MAINTAINED BEFORE THE R-3 BANK AS NPA.
THIS PETITION, COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:29109 WP No. 4174 of 2025
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The question for consideration in this petition is: whether there should be a direction to de-link the Home Loan account and the Overdraft Account. According to the petitioner, he is not in default either on the Home Loan or the Overdraft Account, an assertion that is seriously contested by the other side. Sri Devendra Gowda R R, the learned counsel for the petitioner, submits that the petitioner has filed subject representations against his Home Loan Account being declared a Non-Performing Asset [NPA] without notice, and that without notice such a declaration could not have been made.
Sri Vignesh S Shetty, the learned counsel for the respondents, does not dispute that no notice was issued to the petitioner before declaring the Home Loan Account a NPA but the learned Counsel proposes to rely upon the Guidelines issued by the
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HC-KAR NC: 2025:KHC:29109 WP No. 4174 of 2025
RBI to contend that if one loan is let in default the other loan can also be declared a NPA. Crucially, the
learned counsel states that no proceeding is started consequent to the petitioner's accounts being declared NPAs. This Court, given the circumstances of the case, is not inclined to intervene, but the respondent must communicate the reason for its decision to declare the Accounts NPAs. In light of the above, the following:
ORDER [A] The petition is disposed of directing the respondents to consider the petitioner's representation and communicate the decision on whether the petitioner's Home Loan Account should be continued as NPA. [B] The petitioner is given liberty to file a certified copy of this order with the respondents within four [4] weeks from the date of receipt thereof, and the
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HC-KAR NC: 2025:KHC:29109 WP No. 4174 of 2025
respondents are directed to inform the decision as aforesaid within the next four [4] weeks.
SD/- (B M SHYAM PRASAD) JUDGE NV