Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010216902025 NC: 2026:KHC:37632 WP No. 10639 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 10639 OF 2025 (GM-DRT) BETWEEN:
1.
M/S. PRASH BEVERAGES LLP., REGISTERED OFFICE AT NO.57, 7TH CROSS, 3RD MAIN, KALAPPA LAYOUT, BASAVANAGAR, BENGALURU, KARNATAKA-560037.
(PARTNERSHIP FIRM) REPRESENTED BY MUTHUKUMARAN
2.
SRI. MUTHUKUMARAN AGED ABOUT 53 YEARS S/O. SRI. BALA SUBRAMANIAN, REGISTERED OFFICE AT NO.57, 7TH CROSS, 3RD MAIN, KALAPPA LAYOUT, BASAVANAGAR, BENGALURU, KARNATAKA- 560037 …PETITIONERS (BY SRI. AIYANNA K.S., ADVOCATE FOR SRI. UDAY KUMAR H.B., ADVOCATE)
AND:
CANARA BANK, (ERSTWHILE SYNDICATE BANK) VIMANAPURA BRANCH, OLD AIRPORT ROAD, HAL COLONY, BENGALURU-560017 KARNATAKA, REPRESENTED BY MANAGER …RESPONDENT
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010216902025 NC: 2026:KHC:37632 WP No. 10639 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Aiyanna K.S., counsel on behalf of Sri.Uday Kumar H.B., for the petitioners appeared in person.
2. This petition is filed seeking following reliefs: (a) To issue writ of certiorari quashing the demand notice dated 18.01.2025 sent by the 1st respondent in RC 486/2024 dispatched on 3/2/2025, under Sections 25 to 28 of the Recovery of Debts & Bankruptcy Act, 1993 and Rule 2 of second schedule to the Income-Tax Act, 1961 in OA 819/2017, as per Annexure-A. (b) To grant time for 6 months to enable petitioner No.2 to settle the loan of the respondent in the one-time settlement at Rs.30 Lakhs. (c) Grant any other reliefs as this Hon'ble Court deems fit to grant in the circumstance of the case.
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HC-KAR
CNR: KAHC010216902025 NC: 2026:KHC:37632 WP No. 10639 of 2025
3. Counsel for the petitioners urged several
contentions. Heard the arguments and perused the papers with care.
4. It is noted that as per the Recovery Certificate issued in pursuance of the orders passed by the Presiding Officer, DRT, Bengaluru in O.A.No.819/2017, the authorized officer had issued a demand notice on
18.01.2025. In the present writ petition, the petitioners seek to settle the outstanding loan amount. There is no impediment preventing the petitioners from doing so. Furthermore, the demand notice has been issued pursuant to the order passed by the Debt Recovery Tribunal (DRT). In these circumstances, no ground exists warranting interference by this Court. Accordingly, the writ petition is dismissed.
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HC-KAR
CNR: KAHC010216902025 NC: 2026:KHC:37632 WP No. 10639 of 2025
Because of dismissal of the Writ Petition, interim
order granted if any stands discharged and pending interlocutory applications if any are disposed of.
Sd/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 11