Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:5630 WP NO.11779 OF 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11779 OF 2021 (GM-RES) BETWEEN:
1.
M/S KIRAN & CO.
PARTNERSHIP FIRM, SHRI. V KIRAN KUMAR AND SMT. K PADMAJA, PARTNERS.
2.
SHRI. KIRAN KUMAR V, S/O LATE M.S. VENKATARAJU, AGED ABOUT 52 YEARS, NO.26-B, OSMAN KHAN ROAD, S.P. ROAD CROSS, BAPUJINAGAR, BENGALURU - 560 002.
3.
SMT. K. PADMAJA W/O SHRI. KIRAN KUMAR V., AGED ABOUT 47 YEARS, NO.26-B, OSMAN KHAN ROAD, S.P. ROAD CROSS, BAPUJINAGAR, BENGALURU - 560 002. …PETITIONERS (BY SRI. RAJENDRA M.A., ADVOCATE) AND:
THE AUTHORISED OFFICER CANARA BANK (ERSTWHILE SYNDICATE BANK), CITY MARKET BRANCH, NO.394, ABRAR TOWRS,
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:5630 WP NO.11779 OF 2021
AVENUE ROAD, BENGALURU - 560 002. …RESPONDENT (BY SRI. M.G. VYKUNTA SWAMY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT-BANK TO SETTLE THE ENTIRE DUES OF THE BANK UNDER OTS SCHEME, WHICH THE BANK HAD SANCTIONED EARLIER AND WITHDRAWN, WHICH IS IN EXISTENCE WITHOUT ANY DISCRETION AND DISCRIMINATION APART FROM OTHER BENEFITS OF RELIEF PACKAGES RECENTLY ANNOUNCED BY THE HON'BLE PRIME MINISTER AND HON'BLE FINANCE MINISTER ON ACCOUNT OF COVID-19 PANDEMIC SITUATION BY QUASHING THE ENTIRE PROCEEDINGS INITIATED UNDER THE SARFAESI ACT, 2002.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER In this writ petition, the grievance of the petitioner is to consider the case of petitioners for the scheme of One Time Settlement (OTS) of the dues with the respondent-Bank.
2. Heard Sri. Rajendra M.A.,
learned counsel appearing for petitioners and Sri. M.G. Vykunta Swamy,
learned counsel appearing for the respondent.
3. Having heard the learned counsel appearing for parties and on perusal of the averments made in the writ
- 3 -
HC-KAR NC: 2026:KHC:5630 WP NO.11779 OF 2021
petition, I am of the view that, no interference be called for in this writ petition in view of the judgment of Hon'ble Supreme Court in the case of BIJNOR URBAN CO-OPERATIVE BANK LIMITED, BIJNOR AND OTHERS vs. MEENAL AGARWAL AND OTHERS reported in AIR 2022 SC 56 to direct the respondent-Bank to consider the request of the petitioners under the One Time Settlement. However, it is open for the petitioners to approach the competent Tribunal for their grievance. With this observation, writ petition stands
disposed of.
Sd/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 14