- 1 - HC-KAR NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 843 OF 2024 (GM-RES) C/W CIVIL CONTEMPT PETITION NO. 571 OF 2024 IN WA NO. 843/2024: BETWEEN: THE AUTHORIZED OFFICER / BRANCH MANAGER, THE HANUMANTHANAGAR CO-OPERATIVE BANK LTD., No.7/29, 3RD MAIN ROAD, 1ST CROSS HANUMANTHANAGAR BENGALURU - 560 019 (REGISTRATION UNDER CO-OPERATIVE SOCIETY ACT, 1959) …APPELLANT (BY SRI. VENUGOPAL M.S., ADVOCATE) AND: 1. SRI. MANJUNATH M.R., S/O. RAJASHETTY, AGED ABOUT 44 YEARS, RESIDING AT No.2383, 1ST FLOOR, 1ST CROSS, 1ST A MAIN ROAD, RPC LAYOUT, VIJAYANAGARA, BENGALURU - 560 040. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024 2. SRI. DARSHAN D. S/O DHARMARAJ M., AGED ABOUT YEAR, RESIDING AT No.265, BASHYAM ROAD, COTTONPET MAIN ROAD, OPP SANMAN HOTEL, BENGALURU SOUTH, BENGALURU - 560 053. …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No.23163/2022 DATED 15.04.2024 AND DISMISS THE WRIT PETITION BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. IN CCC NO. 571/2024: BETWEEN: SHRI. MANJUNATH M.R. S/O RAJA SHETTY, AGED ABOUT 44 YEARS, R/AT No.2383, 1ST FLOOR, 1ST CROSS, 1ST MAIN ROAD, RPC LAYOUT, VIJAYANAGAR BENGALURU - 560 040 PRESENTLY R/AT. MALAGALALE ALUR TALUK, HASSAN DISTRICT - 573 129 …COMPLAINANT (BY SRI. H. SHANTHI BHUSHAN, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024 AND: D. KRISHNA THE AUTHORIZED OFFICER / BRANCH MANAGER THE HANUMANTHANAGAR CO-OPERATIVE BANK LTD., #7/29, 3RD MAIN ROAD, 1ST CROSS, HANUMANTHANAGAR BENGALURU - 560 019. ...ACCUSED (BY SRI. VENUGOPAL M.S., ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO SECURE THE ACCUSED HEREIN, AND INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR NON COMPLIANCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P. No.23163/2022 (GM-RES) DATED 15.04.2024 VIDE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE CONTEMPT OF COURT ACT. THESE APPEAL AND PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondents. 2. The learned Single Judge by an order dated 15.04.2024 in Writ Petition No.23163/2022 had directed to return Rs.20,00,000/- to the petitioner subject to any proceedings by the borrower, pending as on date, against the Bank. 3. The learned senior counsel appearing for respondent No.1 submits that all the proceedings initiated against the Bank which had been referred to by the learned counsel appearing for the appellant/Bank are pending without any interim orders on the ground that there is a bar under the SARFAESI Act and that the interim orders cannot be granted in - 5 - HC-KAR NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024 the said suits. It is submitted that apart from submitting an indemnity affidavit before the learned Single Judge, an indemnity affidavit has been placed on record in this appeal on 21.08.2025, specifically stating that respondent No.1 shall keep the Bank indemnified against any claims and that the amount of Rs.20,00,000/- which is being permitted to be withdrawn shall be repaid to the Bank, in case there are orders passed against the bank in any proceedings. The learned senior counsel would also submit that respondent No.1 personally undertakes to repay the amount of Rs.20,00,000/- to the bank if required to do so. 4. Having considered the contentions advanced and having heard the learned counsel on either side, we are of the opinion that in the light of the indemnity affidavit placed on record on 21.08.2025, the said contentions of respondent No.1 can be accepted. 5. Accepting the said contentions, recording the indemnity affidavit filed on 21.08.2025 and recording the submission that appropriate steps shall be taken to comply with the directions of the learned Single Judge within a period of - 6 - HC-KAR NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024 four weeks from today, WA No.843/2024 and Contempt of Court Case No.571/2024 are disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 54