- 1 - NC: 2025:KHC-D:5107-DB WA No. 100611 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100611 OF 2024 (GM-RES) BETWEEN: SHRI GULZAR S/O. ABDUL LATIF MOMEN, AGE. 40 YEARS, OCC. BUSINESS, R/O. CTS NO.3200, BHENDI BAZAR, NEAR KHADE BAZAR, BELAGAVI-590001. …APPELLANT (BY SRI SANTOSH PUJARI, ADVOCATE) AND: 1. THE BRANCH MANAGER, CANARA BANK, SME BRANCH, UDYAMBAG, BELAGAVI-590006. 2. THE AUTHORIZED OFFICER, “CANARA BANK”, ASSET RECOVERY MANAGEMENT BRANCH, CIRCLE OFFICE BUILDING, FIRST FLOOR, BALMATTA ROAD, MANGALURU-575001. …RESPONDENTS (BY SRI S.C. HIREMATH, ADVOCATE FOR R1 AND R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, A) ALLOW THE WRIT PETITION NO.106046/2024, BY SETTING ASIDE ORDER DATED 22/11/2024, PASSED IN WRIT PETITION. NO.106046/2024, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5107-DB WA No. 100611 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present appeal is filed by the petitioner, calling in question the order dated 22.11.2024 passed in W.P No.106046/2024 by learned Single Judge, whereunder, learned Single Judge has dismissed the writ petition filed by the petitioner reserving liberty to petitioner to approach appropriate forum for seeking redressal in accordance with law. The said writ petition is filed for a mandamus to direct the respondent/bank to consider One Time Settlement1 proposal of the petitioner. 2. Learned counsel for the respondents has filed a memo dated 10.02.2025, placing on record that the OTS proposal submitted by the appellant to respondent/bank was replied vide order dated 18.12.2024, whereunder, bank has intimated that the OTS offer of ₹62 lakhs is not acceptable to bank. 3. In view of the aforementioned, nothing further survives for consideration in the present writ appeal and accordingly writ appeal stands disposed of. 1 Hereinafter referred to as the ‘OTS’ - 3 - NC: 2025:KHC-D:5107-DB WA No. 100611 of 2024 4. Liberty as granted by learned Single Judge shall ensure to the petitioner. 5. Pending applications, if any, are disposed of, as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 8