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2025 DAILYLAW 57325 (KAR)

GIRISH M R v. THE MYSORE CO OPERATIVE BANK LTD

WP/17808/2025 · 2025-07-22

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27567 WP No. 17808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17808 OF 2025 (GM-RES) BETWEEN: 1. GIRISH M.R S/O LATE S.RAJASHEKAR AGED ABOUT 44 YEARS, R/AT NO. 46, 2ND CROSS, KABIR ROAD, MANDI MOHALLA, MYSORE - 570 001. 2. KOKILAVENI W/O GIRISH M.R AGED ABOUT 41 YEARS R/AT NO. 46, 2ND CROSS, KABIR ROAD, MANDI MOHALLA, MYSORE - 570 001. …PETITIONERS (BY SRI. MAHESHCHANDRA B.N, ADVOCATE) AND: THE MYSORE CO-OPERATIVE BANK LTD., GANDHI SQUARE, MYSORE - 570 001, REPRESENTED BY ITS MANAGER …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27567 WP No. 17808 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR SUCH OTHER ORDER / WRIT RESTRAINING THE RESPONDENT BANK FROM INITIATED COERCIVE ACTION AS AGAINST THE PETITIONERS TILL CONSIDERING THE REPLY/ OBJECTIONS DTD. 19.04.2025 ISSUED BY THE PETITIONER PRODUCED AT ANNX-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER A joint memo is filed which reads as hereunder: "It is respectfully submitted that, the Petitioner herein had sought a mandamus to the Respondent bank from restraining themselves from initiating any coercive action till consideration of the reply/objections dated 19/04/2025 produced at Annexure-D, in the meanwhile the petitioners herein have deposited an amount of Rs.25,00,000/- with the Respondent Bank on 15/07/2025 and an amount of Rs.1,16,214/- and any further arrears that remains to be paid and the petitioners would repay the same on or before 31/08/2025, hence by taking this memo on record this Hon'ble Court be pleased to - 3 - HC-KAR NC: 2025:KHC:27567 WP No. 17808 of 2025 dispose off the present petition, affording protection to the petitioners till 31/08/2025 by restraining the respondent bank from initiating coercive steps in the interest of justice and equity, if the arrears are not repaid within 31/08/2025 liberty be kindly given to the Respondent to proceed as per law." In light of the settlement arrived at, the petition is disposed off. Needless to state in the event of any default in the terms of settlement, parties are at liberty to move for revival of the matter. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 77 CT: BHK