- 1 - HC-KAR NC: 2025:KHC:43375 WP NO.24144 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.24144 OF 2023 (GM-RES) BETWEEN: SRI. T. VENKATARAVANA S/O THIMMANNA, AGED ABOUT 50 YEARS, R/AT NO.90, NAKKALA GADDA (MAJRA), GOWNIPALLI POST, RAYALPADU HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 101. …PETITIONER (BY SRI. G.M. SRINIVASA REDDY, ADVOCATE) AND: 1. THE BANK MANAGER KOTAK MAHINDRA BANK, SRINIVASAPURA BRANCH, KOLAR DISTRICT - 563 135. 2. THE AUTHORISED OFFICER KOTAK MAHINDRA BANK LTD., REGD. OFF. 27, BKC.C.27, G.BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051. 3. THE BRANCH MANAGER, KOTAK MAHINDRA BANK LTD., NO.22, 2ND FLOOR, M.G. ROAD, BENGALURU - 560 001. 4. SMT. MUNILAKSHMI W/O SRI T. VENKATARAVANA, AGED ABOUT 40 YEARS, R/AT NO.90, NAKKALA GADDA (MAJRA), GOWNIPALLI POST, RAYALPADU HOBLI, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43375 WP NO.24144 OF 2023 SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SRI. CHANDRASHEKAR S.N.,ADVOCATE FOR R1 AND R2; RESPONDENT NO.3 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PRODUCE THE TRACTOR BEFORE THIS HON'BLE COURT AND ALSO TO RELEASE THE TRACTOR IN FAVOUR OF THE PETITIONER; DIRECT THE RESPONDENTS TO PAY DAMAGES TO AN EXTENT OF RS.7,00,000/- (RUPEES SEVEN LAKHS ONLY) TO THE PETITIONER AS COMPENSATION FOR SEIZURE OF THE TRACTOR ILLEGALLY FROM THE POSSESSION OF THE PETITIONER; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER The relief sought for by the petitioner in this writ petition reads as under: "a) Issue writ of Mandamus or any other appropriate writ or direction, directing the respondents to produce the tractor before this Hon'ble Court and also to release the tractor in favour of the petitioner; b) Issue writ of mandamus or any other appropriate writ or direction, directing the respondents to pay damages to the extent of Rs.7,00,000/- (Rupee Seven lakhs) to the petitioner as compensation for seizure of the tractor illegally from the possession of the petitioner; - 3 - HC-KAR NC: 2025:KHC:43375 WP NO.24144 OF 2023 c) Issue such other order or orders as the Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. G.M. Srinivasa Reddy, learned counsel appearing for the petitioner and Sri. Chandrashekar S.N., learned counsel appearing for respondents 1 and 2. 3. Having heard the learned counsel appearing for the parties and on perusal of the writ papers, the same would indicate that the respondent No.3-Bank had issued Demand Notice dated 03rd April, 2023 (Annexure-B) to the petitioner with regard to non-payment of EMI by the petitioner to the respondent-Bank. In that view of the matter, I am of the view that the disputed question of facts are involved in the case on hand. Therefore, the relief sought for the petitioner in the present does not survive for consideration. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 15