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2026 DAILYLAW 41443 (KAR)

THE BANGALORE CITY CO OPERATIVE BANK LTD v. MR GANESH BABU

WP/29350/2026 · 2026-09-18

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010644292026 NC: 2026:KHC:51166 WP No. 29350 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29350 OF 2026 (GM-DRT) BETWEEN: THE BANGALORE CITY CO OPERATIVE BANK LTD NO.3, 1ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BANGALORE – 560 018. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. APPAJALAH CN …PETITIONER (BY MS. MOUNIKA.N, ADVOCATE FOR SRI. K.V.LOKESH, ADVOCATE) AND: 1. MR GANESH BABU S/O M ANJINAPPA, AGED ABOUT 37 YEARS NO.20,1ST CROSS, V P ROAD, OLD MADIVALA, BENGALURU – 560 068. 2. MR. RAGHUNATH. S/O M ANJINAPPA, AGED ABOUT 29 YEARS NO.20,1ST CROSS, VP ROAD, OLD MADIVALA, BENGALURU – 560 068 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE - 2 - HC-KAR CNR: KAHC010644292026 NC: 2026:KHC:51166 WP No. 29350 of 2026 HONBLE 3RD ACJM AT BENGALURU COURT TO EXPEDITE HEARING AND THEREAFTER PASS ORDERS IN CRL. MISC 1114/2019 VIDE ANNX-B IN ACCORDANCE WITH LAW IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking the following reliefs: "a) Issues a Writ of Mandamus by issuing direction to the Hon'ble 3rd ACJM At Bengaluru. court to expedite hearing and thereafter pass Orders in Crl.Misc.1114/2019 vide Annexure-B in accordance with law in the ends of justice. b) Grand such other relief as deemed fit to this Hon'ble Court in the facts and circumstances of the case." 2. Learned counsel for the petitioner submits that in a similar facts situation, this Court in the case of Sir M.Visvesvaraya Co-operative Bank Ltd., Vs M/s. Sri.Thippamma Educational Trust and Ors1 has dispensed with issuance of notice to the respondents and granted relief. 1 Order dated 09.7.2024 in W.P.No.17777/2024 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010644292026 NC: 2026:KHC:51166 WP No. 29350 of 2026 The relevant portion of the said order dated 09.07.2024 is as under: “3. For the order proposed, notice to respondents is dispensed with. 4. In the light of the judgment of a Co-ordinate Bench rendered under identical circumstances in the case of Aditya Birla Finance Limited Vs. Spotfree Solutions Pvt. Ltd and others W.P.No.10608/2023 dated 11.07.2023, learned Magistrate is directed to hear and dispose of the said petition in Crl.Misc.No.90/2023, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 5. Subject to the aforesaid observations and directions, the petition stands disposed of.” 3. In view of the aforesaid, the present writ petition is disposed of directing that the Crl.Misc.No.1114/2019 which is pending on the file of the III Additional Chief Metropolitan Magistrate shall be disposed of as expeditiously as possible, in any event within 4 weeks from the date of receipt of a copy of this order. (C.M. POONACHA) JUDGE AKV/List No.: 1 Sl No.: 27 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA