M/S K S D EXTRUSIONS v. THE DEPUTY GENERAL MANAGER
WP/18198/2025 · 2026-06-22
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23642 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23642 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30733 WP No. 18198 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18198 OF 2025 (GM-RES) BETWEEN:
M/S K S D EXTRUSIONS A PARTNERSHIP FIRM HAVING ITS OFFICE PRESENTLY AT A-6, SRUSTHI APARTMENTS, SRINIVASANAGAR, UTTARAHALLI, KENGERI MAIN ROAD, BENGALURU-560 060 REPRESENTED BY ONE OF ITS PARTNERS AND AUTHORISED SIGNATORY PARTNER, SRI. K. S. RAJAN, AGED 74 YEARS, SON OF LATE K. S. DESHIKACHAR, RESIDING AT FLAT NO.1410, MAYFLOWER BLOCK, BRIGADE MILLENIUM, 7TH PHASE, J P NAGAR, BENGALURU-560 078 … PETITIONER (BY SRI. N JAGADISH BALIGA., ADVOCATE) AND:
THE DEPUTY GENERAL MANAGER, STRESS ASSET MANAGEMENT BRANCH, STATE BANK OF INDIA, 2ND FLOOR, OFFICE COMPLEX BUILDING, LHO CAMPUS, NO.65, ST MARKS ROAD, BENGALURU-560 001 … RESPONDENT (BY SRI. B R VISWANATH., ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30733 WP No. 18198 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION AT ANNEXURE-A DTD 10.01.2025 AND ANNEXURE-B DTD 31.01.2025 AND THEREBY DIRECT TO REFUND / REPAY THE EXCESS AMOUNT COLLECTED IN THE AUCTION QUANTIFIED AT RS. 70,90,000/- ALONG WITH INTEREST AT 10% PER ANNUM FROM 12.09.2006 TILL THE DATE OF PAYMENT 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 SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: i. Issue Writ of Mandamus or any other Writ or direction directing the Respondent to consider the Representation at Annexure-A dated 10-01-2025 and Annexure-B dated 31-01-2025 and thereby direct to refund/repay the excess amount collected in the auction quantified at Rs.70,90,000/- along with interest at 10% per annum from 12-09-2006 till the date of payment; and
ii. Grant such other and further reliefs deems fit under the circumstances of the case including the cost, in the interests of justice and equity. 2. Essentially, the representation that the petitioner wants the respondent-Bank to consider is a compromise proposal made by the petitioner to the respondent-Bank on 24.02.2005 as also the further proposal made on 30.08.2005. - 3 -
HC-KAR NC: 2026:KHC:30733 WP No. 18198 of 2025
3.
The relationship between the petitioner and the respondent being that of a borrower and lender, the proposal issued by the petitioner for compromise has not been allegedly accepted by the respondent. A mandamus to consider such a compromise proposal cannot be granted by a writ Court. 4. Reserving liberty to the petitioner to agitate any other remedy that the petitioner may have, the petition stands disposed of. 5. Though this Court could impose costs, considering that earlier costs had been imposed, it refrained from doing so. Sd/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 57