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2025 DAILYLAW 68455 (KAR)

SRI C M SHANTHAKUMAR v. THE GOVERNOR

WP/10572/2020 · 2025-12-03

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50716 WP NO.10572 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.10572 OF 2020 (GM-RES) BETWEEN: SRI. C.M. SHANTHAKUMAR S/O MR. N. NARAYANA REDDY, AGED ABOUT 48 YEARS, R/AT NO.69, 4TH 'A' CROSS, 36TH MAIN, B.T.M. LAYOUT 1ST STAGE, BENGALURU - 560 068. …PETITIONER (BY SMT. SIRI RAJASHEKAR, ADVOCATE) AND: 1. THE GOVERNOR RESERVE BANK OF INDIA, NEW CENTRAL OFICE BUILDING, SHAHID BHAGATH SING ROAD, FORT, MUMBAI - 400 001. 2. THE ASSISTANT MANAGING DIRECTOR BANK OF MAOHARASHTRA, HAVING ITS OFFICE AT LOKMANGAL 1501, SHIVAJINAGAR, PUNE - 5. 3. THE AGM, AUTHORIZED OFFICER, BANK OF MAHARASHTRA ASSET RECOVERY BRANCH, NO.13, PAXAL TOWERS, K.R.ROAD, BENGALURU - 560 002. 4. THE EXECUTIVE DIRECTOR KARNATAKA STATE INDUSTRIAL AND Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50716 WP NO.10572 OF 2020 INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (KSSIDC), KHANIJA BHAVAN, 4TH FLOOR, EAST WING, NO.49, RACE COURSE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. V.B. RAVISHANKAR, ADVOCATE FOR R2 AND R3; RESPONDENT NO.1 - SERVED) THIS WRIT PETITON IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 DATED 28TH AUGUST, 2020 VIDE ANNEXURE-G; DIRECT THE RESPONDENT-BANK TO ACT UPON THE ONE TIME SETTLEMENT PROPOSAL AS ACCEPTED BY THE PETITIONER DATED 25TH FEBRUARY, 2020 VIDE ANENXURE-C; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the grievance of the petitioner is to consider the case of the petitioner for the scheme of One Time Settlement (OTS) of the dues with the respondent-Bank. 2. Heard Smt. Siri Rajashekar, learned counsel appearing for the petitioner and Sri. V.B. Ravishankar, learned counsel appearing for the respondents 2 and 3. - 3 - HC-KAR NC: 2025:KHC:50716 WP NO.10572 OF 2020 3. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ petition, I am of the view that, no interference be called for in this writ petition in view of the judgment of Hon'ble Supreme Court in the case of BIJNOR URBAN CO-OPERATIVE BANK LIMITED, BIJNOR AND OTHERS vs. MEENAL AGARWAL AND OTHERS reported in AIR 2022 SC 56. 4. However, at this stage, learned counsel appearing for the petitioner filed memo dated 03rd December, 2025, seeking leave of the Court to withdraw the petition with a liberty to approach the appropriate forum for redressal of the grievance of the petitioner as and when the cause of action arises. 5. The said memo is taken on record and accepted. 6. Accepting the memo filed by learned counsel appearing for the petitioner, keeping open all the contentions of the parties, writ petition is disposed of in terms of the memo. 7. Liberty is reserved to the petitioner to approach the competent Tribunal for redressal of his grievance. It is made - 4 - HC-KAR NC: 2025:KHC:50716 WP NO.10572 OF 2020 clear that, the period spent by the petitioner before this Court shall be condoned by the competent Tribunal under Section 14 of the Limitation Act. SD/- (E.S. INDIRESH) JUDGE ARK