- 1 - HC-KAR NC: 2025:KHC:45537-DB C.C.C. No.1253/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.1253/2024 BETWEEN: ANAND HARIHARAN S/O P.G. HARIHARAN AGED ABOUT 44 YEARS RESIDING AT S20 F BLOCK, KRISHNA GREENS APARTMENT SHRI KRISHNA TEMPLE ROAD DODDABOMMASANDRA VIDYARANYAPURA BENGALURU - 560097. …COMPLAINANT (BY SRI. VIJAY RAJ D, ADV.,) AND: 1. M/S. ADITYA BIRLA HOUSING FINANCE LTD., INDIAN RAYON COMPOUND VERAVAL - 362266, GUJARAT REP. BY ITS DIRECTORS. 2. M/S. ADITYA BIRLA HOUSING FINANCE LTD., REPRESENTED BY ITS ZONAL HEAD SOUTH INDIA EMBASSY HEIGHTS NO 13, MAGRATH ROAD GROUND MEZZANINE FLLOR B WING, BESIDE HOSMAT HOSPITAL BENGALURU - KARNATAKA -560025. …ACCUSED Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45537-DB C.C.C. No.1253/2024 (BY SRI. VIGNESH SHETTY, ADV., FOR R2 REP. BY GPA HOLDER [RETURNED WITH OFFICE OBJECTIONS SINCE GPA COPY TO BE FURNISHED) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR THE DISOBEDIENCE OF THE ORDER DATED 26.09.2023 AND ALSO CLARIFICATION ORDER DATED 12.06.2024 PASSED BY THIS HON'BLE COURT OF KARNATAKA IN W.P. NO.4195/2023 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order dated 26.09.2023 and clarification order dated 12.06.2024 passed by the learned Single Judge in W.P.No. 4195/2023. 2. The relevant portion of the order dated 26.09.2023 reads as under: "xxxx Until then, the said respondents are also directed not to take any coercive steps against the petitioner for recovery of the EMIs, since admittedly - 3 - HC-KAR NC: 2025:KHC:45537-DB C.C.C. No.1253/2024 the petitioner has been paying the EMIs regularly, till last month." 3. The relevant portion of the order dated 12.06.2024 reads as under: "Accepting the submission made by the learned Senior Counsel, it is clarified that the order dated 26.09.2023 shall be read as ‘directions issued to respondents No.5 and 6 not to provide such credit information which would adversely impact the credit score of the petitioner in respect to the home loan procured by the petitioner from respondents No.5 and 6’. Interim order, if any, granted earlier stands extended till the next date of hearing." 4. Learned counsel appearing for the respondent No.1-accused takes us to the communication produced by the complainant dated 25.11.2023 which indicates that the concerned officer has sent a communication to the other Officers that no precipitative action shall be taken against the complainant. - 4 - HC-KAR NC: 2025:KHC:45537-DB C.C.C. No.1253/2024 5. Today, learned counsel for the accused No.2 placed a communication dated 04.11.2024 which reads as under: " This is to inform you that, under the instructions of my client, Aditya Birla Housing Finance Limited, a notice was previously sent to you on 26/09/2024 regarding the dishonour of a cheque. Please be advised that the aforementioned notice was sent inadvertently and is hereby recalled. Kindly consider this letter as the official withdrawal of the notice." 6. The aforesaid communications clearly indicate that the legal notice issued to the accused has been withdrawn and no further steps have been taken pursuant to the interim order. We also notice that the writ petition is pending adjudication before the learned Single Judge. 7. Therefore, we are of the view that there is no willful disobedience of the order of the learned Single Judge. - 5 - HC-KAR NC: 2025:KHC:45537-DB C.C.C. No.1253/2024 8. Accordingly, the contempt proceedings are dropped. Notice issued to the accused, if any stands discharged. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 3 Sl No.: 58