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2026 DAILYLAW 48551 (KAR)

SMT USHA v. THE CITZEN CO OPERATIVE BANK LTD

WP/16497/2022 · 2026-01-14

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2175 WP No. 16497 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16497 OF 2022 (GM-RES) BETWEEN: 1. SMT USHA W/O LA TE RAGHAVENDRA RAO AGED ABOUT 61 YEARS 2. SRI. MADHUSUDHANA S/O LATE RAGHAVENDRA RAO AGED ABOUT 38 YEARS 3. MRS. R. MANASA W/O ARUN M S AGED ABOUT 33 YEARS R/O BENGALURU ALL ARE R/O NO. 261, 1ST FLOOR, 53RD D CROSS, 3RD Y BLOCK, RAJAJINAGAR, BENGALURU- 560 010 …PETITIONERS (BY SRI. K SREEDHAR., ADVOCATE) AND: THE CITZEN CO OPERATIVE BANK LTD NO. 651/A, D BLOCK 2ND STAGE, 1ST MAIN RAOD, DR. RAJAKUMAR ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2175 WP No. 16497 of 2022 RAJAJINAGAR, BENGALURU- 560 010 REPRESENTED BY ITS AUTHORIZED OFFICER MR. N. NARENDRA GOVIND …RESPONDENT (BY SRI. LOKESH K V., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS FOR ONE TIME SETTLEMENT BY TAKING INTO AMOUNT DUE AS ON 5.3.2016. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The present petition is filed seeking following reliefs: i) "issue writ in the nature of mandamus directing the respondents to consider the case of the petitioners for one time settlement by taking into amount due as on 5/3/2016." ii) Pass such other order as may be deemed just and expedient in the circumstances of the case including award of cost of this petition, in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:2175 WP No. 16497 of 2022 2. It appears that the respondent-Co-operative Bank has already obtained award under Section 70 of the Karnataka Co-operative Societies Act, 1959, from the Joint Registrar and has also initiated proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002 (for short "SARFAESI Act"). 3. Learned counsel for the petitioners submits that, the petitioner is ready and willing to resolve the matter amicably by paying the amount subject to respondent-Co-operative Bank accommodating settlement under the one time settlement scheme, taking into consideration the amount due as on 05.03.2016. 4. The learned counsel for the respondent-Co- operative Bank, on the other hand submits that, if a representation is made, the respondent-Co-operative Bank would consider the same in accordance with law. - 4 - HC-KAR NC: 2026:KHC:2175 WP No. 16497 of 2022 5. Submission is taken on record. 6. Reserving liberty to the petitioners to file a fresh representation within 15 days from the date of receipt of certified copy of this order, the petition stands disposed of. 7. Upon such representation being made, the respondent-Co-operative Bank shall consider the same in accordance with law and pass appropriate order within 30 days thereafter. Sd/- (M.G.S. KAMAL) JUDGE HR List No.: 1 Sl No.: 4