- 1 - HC-KAR NC: 2025:KHC:42714 WP No. 30672 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 30672 OF 2024 (GM-DRT) BETWEEN: 1. MRS SWATHY U., D/O. MR. UTHIRAPATHY P, AGED ABOUT 30 YEARS, DOOR NO-23-6-431/10, FLAT NO 204, SECOND FLOOR, EAST END APARTMENT, JEPPU MARKET ROAD, MANGALURU-575 001 2. MR. UTHIRAPATHY P, S/O. MR. D.PANDURANGAN, AGED ABOUT 53 YEARS, DOOR NO-23-6-431/10, FLAT NO 204, SECOND FLOOR, EAST END APARTMENT, JEPPU MARKET ROAD, MANGALURU-575 001 …PETITIONERS (BY SRI. K.SHASHIKANTH PRASAD, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42714 WP No. 30672 of 2024 AND: CANARA BANK MORGANS GATE BRANCH, SRIRAM KRIPA, MORGANS GATE, JEPPU MARKETROAD, MANGALURU-575 001 REP. BY AUTHORISED OFFICER …RESPONDENT (BY SRI. VINAY SWAMY C., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 12.09.2023 IN CRL.MISC NO.298/2023 PASSED BY THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MANGALURU (ANNEXURE-B). THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42714 WP No. 30672 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: (a) Set-aside the order dated 12-09-2023 in Crl Misc. No: 298/2023 Passed by the Court of the Principal Senior Civil Judge and Chief Judicial Magistrate, Mangaluru.[ANNEXURE- B] (b) Grant such other relief/s, as this Hon'ble Court deems fit to Grant, Under the circumstance of the petition, in the interest of Justice. 2. The case of the writ petitioner is that they approached the respondent/Bank for Education loan and as per the letter dated 28.05.2012 the Bank granted loan of an amount of Rs.10,00,000/- to the petitioner’s. On account of the failure to repay the dues, the Bank had declared the same as a NPA and on 12.10.2022 respondent/Bank issued notice under Section 13(2) of the SARFAESIAct,2002 for outstanding liability of Rs.18,27,401/-. Then Bank had issued notice under Section 13(4) of the SARFAESI Act, 2002 and the symbolic possession of the scheduled property was taken on 03.03.2023 and the possession notice was given to the petitioner and notice was also affixed on the outer door of the property. Thereafter, the Bank has filed Crl.Mis.No.298/2023 - 4 - HC-KAR NC: 2025:KHC:42714 WP No. 30672 of 2024 before the Principal Senior Civil Judge and Chief Judicial Magistrate, Mangaluru and an order was passed appointing the Advocate as Court Commissioner for execution of the warrant to take the possession of the property. 3. When this matter came up before the Co-ordinate bench of this Court, an order was passed on 13.12.2023 as follows: “To issue emergent notice to the bank and an interim order is granted subject to petitioner depositing 30% of the outstanding amount due as of today to Bank within 6 weeks, failing which the interim order granted stands automatically vacated and the respondent/bank is at liberty to proceed in accordance with law”. 4. The respondents have come up with a vacate petition stating that by suppression and misrepresentation of facts, the petitioner had obtained the interim order. It is stated that earlier he had filed W.P.No.26599/2023 questioning the very same order under Section 14 of the Act and an interim order was granted on 13.12.2023 on the condition that he shall pay 30% of the amount. It is stated that without even paying the said amount, the petitioner on 04.11.2024 has withdrawn the petition and immediately the present writ petition is filed - 5 - HC-KAR NC: 2025:KHC:42714 WP No. 30672 of 2024 suppressing all the facts and obtained an order on 14.11.2024. It is submitted that the petitioner has come up before the Court with the suppression of facts and the writ petition has to be dismissed with exemplary cost. 5. Having heard the learned counsels on either side, perused the material on record. The petitioner has filed the earlier writ petition, enjoyed the interim order for almost a year and withdrawn it on 04.11.2024, again filed this petition. In this present petition absolutely there is no whisper about the earlier writ petition and the interim order that he had obtained from the co-ordinate bench of this Court. This Court cannot come to the rescue of a litigant who comes before the Court with suppression and misrepresentation of facts and they are not entitled for any relief from the Court. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed with cost of Rs.20,000/- to be paid to the Karnataka State Legal Services Authority. - 6 - HC-KAR NC: 2025:KHC:42714 WP No. 30672 of 2024 ii. All pending I.As., in this petition shall stand closed. iii. Registrar (Judicial) shall communicate the copy of this order to the Member Secretary, Karnataka State Legal Services Authority. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 6