Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3166 WP No. 6273 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 6273 OF 2025 (GM-DRT) BETWEEN:
MR. ADIL AHMED S/O. RIAZ AHMED, AGE 40 YEARS RESIDING AT NO.758, 2ND CROSS, M.G.ROAD, UDAYAGIRI MYSORE 570015
…PETITIONER (BY SRI. R CHANNAKESHAVA., ADV.) AND:
1.
M/S CANARA BANK RAGIONAL OFFICE, NO. 26/A, GUEST HOUSE ROAD, NAZARABAD, TANK BUND ROAD, PO MYSURU-570010.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3166 WP No. 6273 of 2025
REP. BY ITS AUTHORIZED OFFICER SR. MANAGER
2.
M/S. N.K. STEEL TRADERS PROPRIETOR SALAUDDIN, S/O. NAWAB JANU, AGE 50 YEARS R/AT NO.78, GEETHA MANDIRA ROAD, NEW GURUJI BAZAAR, MYSURU-5700 10
…RESPONDENTS (BY SRI. NANDAN.A, ADV. FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER THE PETITIONER REPRESENTATION FOR SETTLEMENT UNDER O.T.S SCHEME AS PER ANNX-C, GRANT AN INTERIM ORDER TO STAY VACATING NOTICE AT ANNX-D IF THEY PROCEED FURTHER, THE LOSS AND HARDSHIP CAUSED TO THE PETITONER CANNOT BE COMPENSATED IN TERMS OF MONEY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:3166 WP No. 6273 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 for settlement under OTS scheme as per Annexure-C.
2.
Brief facts leading rise to the filing of this writ petition are as follows: The petitioner and respondent No.2 availed a loan of Rs.40,00,000/- and respondent No.1 classified the loan account as NPA. The respondent has initiated the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) and filed application under Section 14 of the SARFAESI Act in Crl.Misc.No.105/2022 on the file of learned Principal Senior Civil Judge and CJM, Mysuru. The learned Principal Senior Civil Judge and CJM vide order dated 29.04.2022
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HC-KAR NC: 2026:KHC:3166 WP No. 6273 of 2025
allowed the application. Thereafter, the petitioner submitted a representation on 05.01.2025 requesting for one time settlement. The respondent has not passed any
order on the said representation. Hence, this writ petition.
3. Heard the learned counsel for the petitioner.
4. It is an undisputed fact that the petitioner and respondent No.2 availed a loan of Rs.40,00,000/- from respondent No.1-Bank. The petitioner and respondent No.2 committed a default. Respondent No.1 initiated a recovery proceedings against the petitioner and respondent No.2 by filing the application under Section 14 of the SARFAESI Act in Crl.Misc.No.105/2022 on the file of learned Principal Senior Civil Judge and CJM, Mysuru. The learned CJM vide order 29.04.2022 allowed the application filed by respondent No.1-Bank. The petitioner without challenging the said order, submitted a representation to respondent No.1 vide Annexure-C, requesting for
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HC-KAR NC: 2026:KHC:3166 WP No. 6273 of 2025
settlement under OTS Scheme. Much water was flown after passing an order in Crl.Mis.No.105/2022, which was
disposed off on 29.04.2022. In view of the same, the respondent has rightly declined to consider the representation vide Annexure-C. Hence, I do not find any grounds to entertain the writ petition. Accordingly, the writ petition is dismissed.
5. Pending application(s), if any, shall stand
disposed off accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SSB