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2026 DAILYLAW 36630 (KAR)

RANGARAJ R v. M/S THE JANATHA CO-OPERATIVE BANK LTD.,

WP/24369/2023 · 2026-08-24

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010576932023 NC: 2026:KHC:45442 WP No. 24369 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 24369 OF 2023 (GM-DRT) BETWEEN: RANGARAJ R., SON OF RANGAIAH, AGED ABOUT 46 YEARS, AND RESIDING AT NO.3657/A, 11TH CROSS, NEW 5TH CROSS, GAYATHRINAGAR, BENGALURU-560021. …PETITIONER (BY SRI. ABHINAY Y.T., ADVOCATE - ABSENT) AND: M/S. THE JANATHA CO-OPERATIVE BANK LTD., HAVING ITS ADMINISTRATIVE OFFICE AT NO.156, 8TH MAIN ROAD, 17TH CROSS ROAD , MALLESHWARAM WEST, BENGALURU-560055. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE C/R) 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: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010576932023 NC: 2026:KHC:45442 WP No. 24369 of 2023 ORAL ORDER Though matter called twice, there is on representation on behalf of the petitioner. Sri.P.V.Lokesh, counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari and quash the public notice dated 05.09.2023 bearing No.JCB/H.O/CEO/294/2023-24 issued by the respondent (Annexure-D) and further issue a writ of mandamus to the respondent to regularize the loan account bearing No.200218200000126 and loan account No.200218080014310 by receiving the due EMI, in the interest of justice and equity. 3. Counsel for the respondent submits that the Court had passed a conditional order on 08.11.2023. However, the petitioner has failed to comply the interim order. Hence, the bank has proceeded further in the matter. Counsel further submits that the sale notice cannot be assailed by invoking writ jurisdiction as there is a statutory remedy of approaching the - 3 - HC-KAR CNR: KAHC010576932023 NC: 2026:KHC:45442 WP No. 24369 of 2023 Tribunal. Urging additional grounds, he submits that the petition may be dismissed. 4. Heard the arguments and perused the papers with utmost case. 5. A perusal of the daily order sheet reflects that the Court had passed a conditional interim order on 08.11.2023. As there was no compliance of the interim order, the bank has proceeded further in the matter. Moreover, the sale notice is assailed in the petition without availing the statutory remedy. Hence, this Court declines to exercise discretionary powers under writ jurisdiction. The petition is liable to be dismissed. Accordingly, it is dismissed. 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.: 7