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2025 DAILYLAW 80553 (KAR)

MOHAMMED SHAROZ v. CANARA BANK

WP/6962/2021 · 2025-09-16

K Manmadha Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38127 WP No. 6962 of 2021 C/W WP No. 6961 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 6962 OF 2021 (GM-CPC) C/W WRIT PETITION NO. 6961 OF 2021 (GM-CPC) IN WP No. 6962/2021 BETWEEN: 1. MOHAMMED SHAROZ S/O ABDUL RAHMAN, AGED ABOUT 40 YEARS, R/AT 4-188, MB COTTAGE, KRISHNAPURA, 4TH BLOCK, KATIPALLA, MANGALORE 575030. 2. ABDUL AZEEZ S/O ABDUL KHADAR, AGED ABOUT 40 YEARS, R/AT 2-41, 2ND BLOCK, KATIPALLA, MANGALORE- 575030. …PETITIONERS (BY SRI. MOHAMMED SULTAN., ADVOCATE) AND: CANARA BANK REGISTERED BANK, REP. BY MR. BIJOY BABU M.V., S/O KANARI, AGED ABOUT 50 YEARS, MANAGER IN BRANCH AT, MAIN ROAD, SURTKAL BARANCH, MANGALORE 575014. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38127 WP No. 6962 of 2021 C/W WP No. 6961 of 2021 …RESPONDENT (BY SMT. NAVYA RAO, ADVOCATE) THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD,.8.3.2021 AS SHOWN IN ANNEXURE-A PASSED ON INTERLOCUTORY APPLICATION DTD.8.3.2021 FILED BY THE ADVOCATE FOR DEFENDANTS IN TRIAL COURT FILED IN COMMERCIAL O.S.NO.756/2020 PENDING ON THE FILE OF 1ST ADDL DISRICT AND SESSIONS COURT MANGALORE AND CONSEQUENTLY RECALL THE ORDER DTD.23.3.2021 AS SHOWN IN ANEXURE-A1 HEREIN CASE IS POSTED FOR EVIDENCE AND ACCORDINGLY DIRECT THE TRAIL COURT TO ACCEPT THE WRITTEN STATEMENT IN COMMERCIAL O.S.NO.756/2020 IN WP NO. 6961/2021 BETWEEN: 1. ABDUL AZEEZ S/O ABDUL KHADAR AGED ABOUT 40 YEARS, R/AT 2-41, 2ND BLOCK, KATIPALLA, MANGALORE- 575030 2. MRS JAMEELA W/O ABDUL AZEEZ AGED 35 YEARS, R/AT NO.GL-2-10, EDGA RAOD, KATIPALLA, MANGALORE- 575030 ...PETITIONERS (BY SRI. MOHAMMED SULTAN.,ADVOCATE) AND: 1. CANARA BANK REGISTERED BANK REP BY MR BIJOY BABU M V - 3 - HC-KAR NC: 2025:KHC:38127 WP No. 6962 of 2021 C/W WP No. 6961 of 2021 S/O KANARI AGED ABOUT 50 YEARS MANAGER IN BRANCH AT MAIN ROAD, SURATKAL BRANCH, MANGALORE- 575 014 ...RESPONDENT (BY SMT. NAVYA RAO, ADVOCATE) THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD,.8.3.2021 AS SHOWN IN ANNEXURE-A PASSED ON INTERLOCUTORY APPLICATION DTD.8.3.2021 FILED BY THE ADVOCATE FOR DEFENDANTS IN TRIAL COURT FILED IN COMMERCIAL O.S.NO.757/2020 PENDING ON THE FILE OF 1ST ADDL DISRICT AND SESSIONS COURT MANGALORE AND CONSEQUENTLY RECALL THE ORDER DTD.23.3.2021 AS SHOWN IN ANEXURE-A1 HEREIN CASE IS POSTED FOR EVIDENCE AND ACCORDINGLY DIRECT THE TRAIL COURT TO ACCEPT THE WRITTEN STATEMENT IN COMMERCIAL O.S.NO.757/2020 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER None appears for the petitioners. 2. On perusal of the order sheet it is observed that this Court vide order dated 05.04.2021 had granted an interim order of stay subject to the petitioner depositing - 4 - HC-KAR NC: 2025:KHC:38127 WP No. 6962 of 2021 C/W WP No. 6961 of 2021 Rs.10,000/- in the Registry of this Court within two weeks from which likely cost may be defrayed. 3. In the meanwhile, the petitioner was directed to comply the office objections. 4. It is observed that till date the petitioners have not deposited the cost of Rs.10,000/- before the Registry. It appears that the petitioners are not interested to prosecute the matter. Hence, these writ petitions are dismissed for non prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 17