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2025 DAILYLAW 87585 (KAR)

M/S ZIOWEAR APPARELS PRIVATE LIMITED v. AUTHORISED OFFICER

WP/18241/2022 · 2025-11-17

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47131 WP No. 18241 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18241 OF 2022 (GM-RES) BETWEEN: 1. M/S ZIOWEAR APPARELS PRIVATE LIMITED R/A NO.1398, 41ST MAIN, KANAKAPURA ROAD, JP NAGAR,1ST PHASE, BENGALURU - 560083. REP. BY DIRECTOR, MRS. G PREETHA, AGED ABOUT 44 YEARS, W/O SRI. D. GOPA KUMAR. …PETITIONER (BY SRI. S. VENKATESH, ADVOCATE FOR SRI. V. MOHAN, ADVOCATE) AND: 1. AUTHORISED OFFICER SOUTH INDIAN BANK, REGIONAL OFFICE, SIB ARCADE, NO.61, WHEELER ROAD, COX TOWN, BENGALURU -560005 REP. BY AUTHORISED OFFICER. …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47131 WP No. 18241 of 2022 QUASH THE RESPONDENT'S LETTER IN (ANNEXURE-A) VIDE REF.HO/CRT/VP/0209/2022-23 DATED 05.07.2022 CANCELLING THE ONE TIME SETTLEMENT APPROVAL LETTER GRANT FOR THE PETITIONER DATED 18.04.2022; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The Petitioner herein is assailing the letter dated 05.07.2022 cancelling the one time settlement (OTS) approval granted in favour of the petitioner on 18.04.2022. 3. Having taken note of the submissions made by the learned counsel appearing for the petitioner and the respondent - Bank, it is forthcoming from the writ papers as per Annexure- H dated 18.04.2022, that the respondent - Bank has extended the benefit of OTS scheme to the petitioner. However, in this regard, it is submitted by the learned counsel for the - 3 - HC-KAR NC: 2025:KHC:47131 WP No. 18241 of 2022 respondent - Bank that no efforts have been made by the petitioner to pay the due amount since 2022 after the issuance of Annexure-H. In that view of the matter, looking into the prayer made in the writ petition and in view of the declaration of law made by the Hon'ble Supreme Court in STATE BANK OF INDIA Vs. ARVINDRA ELECTRONICS PVT. LTD. (2023) 1 SCC 540, no interference is called for in exercise of power under Article 226 of the Constitution of India. 4. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 44