- 1 - NC: 2025:KHC-K:1816 WP No. 200335 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200335 OF 2025 (GM-RES) BETWEEN: M/S. M.B.VANDAL STONE CRUSHING UNIT, PROP: SY.NO.709/3, AT POST KOLHAR – 586 210. MUBARAK MAHMADHUSEN VANDAL, TQ: KOLHAR,VIJAYAPURA – 586 104. …PETITIONER (BY Smt. HEMA L.KULAKARNI, ADVOCATE) AND: 1. KARNATAKA VIKAS GRAMEEN BANK HEAD OFFICE AT BELAAUM ROAD, DHARWAD – 08.BRANCH OFFICE AT KOLHAR, VIJAYAPURA DISTRICT, KARNATAKA REPRESENTED BY ITS AUTHORIZED OFFICER SRI CHANDRASHEKHAR MANJUNATH BHAT AGE: 59 YEARS, 2. SHRI ANVAR MAHMADHUSEN VANDAL R/O: KOLHAR – 586 210, AT POST & TALUK KOLHAR, DIST: VIJAYAPURA – 586 104. …RESPONDENTS (BY SRI SHARANABASAPPA M.PATIL, ADVOCATE FOR R1; V/O DATED 04.02.2025 NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1816 WP No. 200335 of 2025 CERTIORARI QUASHING THE IMPUGNED ORDER DATED 26.09.2024 VIDE ANNEXURE-B PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR REPORTING COMPLIANCE, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the petitioner is present. 2. This Court granted interim order subject to petitioner depositing 50% of the amount sought to be recovered from the respondent. Four weeks time was granted to deposit the said amount. This Court while granting the interim prayer has also noted the alternate remedy available to the petitioner. 3. It is submitted that the petitioner has paid a sum of Rs.6,00,000/- to the respondent subsequent to interim order which is not in compliance with the interim order granted by this Court. 4. However the interim order is granted subject to certain conditions which admittedly are not complied. Despite - 3 - NC: 2025:KHC-K:1816 WP No. 200335 of 2025 alternative remedy, indulgence was shown expecting petitioner to deposit the amount before the respondent. There is no proof of having deposited the entire amount. There is no dispute that the petitioner has an alternative remedy to challenge the recovery action initiated by the respondent. 5. Under these circumstances, interim order is not in force. Since alternative remedy is available, the petitioner is at liberty to approach the appellate authority as advised in law and the writ petition is dismissed without getting into the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 35