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2026 DAILYLAW 15514 (KAR)

MR. MOHSIN AIYAZ v. M/S SACRED HEART SOUHARDA CREDIT CO OPERATIVE LTD.,

WP/25779/2025 · 2026-02-17

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9623 WP No. 25779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25779 OF 2025 (GM-DRT) BETWEEN: MR. MOHSIN AIYAZ S/O. LATE ABDUL KAREEM, AGED ABOUT 61 YEARS, R/AT BALKIS BUILDING, VINOBANAGAR, NEAR VIVEKANANDA SCHOOL, SOMESWARAPURAM, TUMAKURU, KARNATAKA 572 102 …PETITIONER (BY SRI. KAVITHA D., ADV.) AND: 1. M/S SACRED HEART SOUHARDA CREDIT CO-OPERATIVE LTD., (REGISTERED UNDER KARNATAKA SOUHARDA SAHAKARI ACT, 1997) ADMINISTRATIVE AND HEAD OFFICE MAIN ROAD, HORAPET, TUMAKURU 572 101. REPRESENTED BY ITS AUTHORIZED OFFICER/BANK MANAGER Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9623 WP No. 25779 of 2025 2. MR. AMEER SYED KALEEM, S/O. LATE AMEER SAB, AGED ABOUT 56 YEARS 3. MRS. BALKIES BANU, W/O. MR. AMEER SYED KALEEM, AGED ABOUT 50 YEARS. BOTH ARE R/AT C/O. HOTEL SBW, BEHIND PRASHANTH TALKIES, RANGAMANDIRA ROAD, MANDIPET, BUS STAND, TUMAKURU -572101 …RESPONDENTS (R1 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A) ISSUE WRIT OF MANDAMUS TO RESPONDENT NO.1 TO ACCEPT THE PETITIONERS REPRESENTATION LETTER DATED 17-06- 2025 VIDE ANNEXURE-F ALLOWING HIM TO SETTLE THE LEGALLY DISCHARGEABLE AMOUNT AND TO HAND OVER THE LOAN DOCUMENTS PERTAINING TO THE SCHEDULE PROPERTY UPON SETTLEMENT OF THE LOAN AND TO REFRAIN FROM CONTINUING WITH FURTHER PROCEEDINGS AGAINST THE SCHEDULE PROPERTY TILL SUCH TIME, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9623 WP No. 25779 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for a mandamus directing respondent No.1 to consider the representation dated 17.06.2025 vide Annexure-F, wherein the petitioner requested to settle the legally dischargeable amount and to hand over the loan documents pertaining to the schedule property upon settlement of the loan and to refrain from continuing with further proceedings against the scheduled property. It is contended that respondent No.1 has not passed any order on the representation submitted by the petitioner. Hence, this petition. 2. A notice was issued to the respondents. Despite the service of notice, the respondents remained unrepresented. - 4 - HC-KAR NC: 2026:KHC:9623 WP No. 25779 of 2025 3. The petitioner has submitted a representation vide Annexure-F. Respondent No.1 has not considered the representation, and has not passed any order on the said representation. Once if a representation is submitted, it is the duty of respondent No.1 to consider and pass an appropriate order in accordance with law. 4. In view of the above discussion, the writ petition is disposed off directing respondent No.1 to consider the representation and pass an appropriate order in accordance with law within four weeks from the date of receipt of a certified copy of this order. 5. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB