- 1 - NC: 2025:KHC-K:1630 WP No. 200343 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200343 OF 2025 (GM-RES) BETWEEN: VIJAYKUMAR S/O LATE MALLIKARJUN, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: 2-397, JAGATH, KALABURGI – 585 105. …PETITIONER (BY SRI ASHOK MULAGE, ADVOCATE) AND: 1. THE MANAGER DCB BANK KUSNOOR, SY NO.57/2A, PLOT NO.5, SEDAM ROAD, KALABURGI – 585 106. REP BY ITS AUTHORIZED OFFICER THE REGIONAL SALES MANAGER AIB RETAIL AGRI NO.650/12, BEE EM AVENUE, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALURU – 560 010. 2. THE MANAGER DCB BANK LIMITED NO.23 AND 24 GROUND FLOOR, WARD NO.1, WADDERHATTI VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL, KARNATAKA STATE – 583 22. 3. THE REGIONAL MANAGER DCB BANK RAICHUR BRANCH. 4. THE MANAGER DCB BANK REGISTERED OFFICE AT 6TH FLOOR, TOWER A PENINSULA BUSINESS Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1630 WP No. 200343 of 2025 SENAPATHI BAPAT MARG, LOWER PAREL, MUMBAI – 400 013. …RESPONDENTS (BY SRI SANGANAGOUDA V. BIRADAR, ADV., FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING ISSUE A WRIT CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., KALABURAGI IN CRL. MISC.NO.15/2023 VIDE ANNEXURE-H AND ETC. THIS WRIT PETITION, COMING ON FOR REPORTING FOR SETTLEMENT, 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) The application is filed reporting settlement. 2. The learned counsel for the petitioner and the learned counsel for the respondent jointly submit that the dispute is amicable settled between the parties. 3. The petition is filed to assailing the order in Crl.Misc No.15/2023 on the file of Chief Judicial Magistrate, Kalaburagi and also to quash the auction notice dated 10.02.2025 marked at Annexure – M. 4. The further prayer is to issue writ of mandamus to direct the respondents to consider the representation made by - 3 - NC: 2025:KHC-K:1630 WP No. 200343 of 2025 the petitioner for one time settlement of his dues payable to respondent No.1. 5. This Court has perused the compromise petition. The petitioner has offered to pay Rs.50,00,000/- to the respondents. It is further stated that Rs.50,00,000/- is already deposited on 10.03.2025. The details of the deposits also furnished in compromise petition. 6. In consideration of the settlement, the respondents have also undertaken to withdraw all the legal proceedings initiated against the petitioner. 7. The terms and conditions of the compromise petition read as under: a) That, the petitioner and respondents have agreed to settle the dispute for a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only). b) That, out of the same the petitioner has already deposited a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) on 10.03.2025 in his savings account for settlement purpose to the respondents bank through RTGS No. SBINR52025031077927235 dated: 10.03.2025. - 4 - NC: 2025:KHC-K:1630 WP No. 200343 of 2025 c) That, the petitioner has to deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) within a period of one week from today. [[ d) That, the petitioner has to deposit a balance of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the respondent bank within a period 3 weeks from today. e) That, the respondent bank has to adjust a FD amount which was in the name of the petitioner at the time of deposit of balance Rs.25,00,000/- (Rupees Twenty Five Lakhs only). f) That, the respondent bank has to handover all the documents which were in their custody with respect to property, after closure of the loan account. g) That, the respondents bank has undertaken to withdraw all the legal proceedings initiated against the petitioner with respect to loan account No.19856400000019 and Account No.19845600000073 and also withdraw the criminal cases filed against the petitioners with respect to Sec.138 of N.I Act and also destroy the remaining cheques which were in their custody. h) That, the respondents have undertaken to hand over the possession of the commercial property to the petitioner, after closure of the loan account. - 5 - NC: 2025:KHC-K:1630 WP No. 200343 of 2025 i) That it is agreed between the both the parties that if the petitioner failed to deposit the above said amount within the stipulated time, the respondent bank is at liberty to proceed further legally proceedings against petitioner. 8. This Court after having gone through the terms and conditions of the settlement is of the view that, the settlement is lawful and there is no impediment with the compromise settlement. 9. In view of the above, the writ petition is disposed off and accordingly, the compromise petition is accepted and the impugned orders are quashed. 10. The respondents are entitled to receive Rs.50,00,000/- from the petitioner and payment shall be made as agreed to in the compromise petition. On such payment, all liabilities of the petitioner towards respondents shall stand discharged. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM/List No.: 2 Sl No.: 74