- 1 - HC-KAR NC: 2026:KHC:18323 WP No. 7992 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7992 OF 2024 (GM-DRT) BETWEEN: 1. M/S A V FOOD PRODUCTS REPRESENTED BY ITS PROPRIETOR: MRS. L. MUNIRATHNAMMA. 2. MRS.L. MUNIRATHNAMMA W/O VENKATAPPA, AGED ABOUT 63 YEARS. 3. MR. PRASHANTH H V S/O VENKATAPPA, AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT NO.7, 3RD FLOOR, BEHIND VENKATESHWARA THEATRE, VINOBHA COLONY, AVALAHALLI, BENGALURU - 560 026. &PETITIONERS (BY SRI. NARENDRA S., ADVOCATE) AND: THE AUTHORIZED OFFICER UNION BANK OF INDIA, ASSET RECOVERY BRANCH, BENGALURU NORTH, # 1/1, 1ST FLOOR, "JEEVAN SAMPIGE", 2ND MAIN, SAMPIGE ROAD, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18323 WP No. 7992 of 2024 MALLESHWARAM, BENGALURU - 560 003. &RESPONDENT (BY SRI. PRABHU RAO C B., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ILLEGAL ORDERS DATED 06.03.2024 ANNEXURE-G PASSED BY THE HONORABLE 32ND ACMM BANGALORE UNDER CRL.MISC. 8495/2023 WITHOUT JURISDICTION AUTHORITY AND POWER UNDER THE MANDATORY PROVISION LISTED UNDER SEC.14 (1) OF AFFIDAVIT CLAUSES (i) TO (ix), WITHOUT PURSUING VERIFYING THE CONTENTS OF THE AFFIDAVIT IS UNSUSTAINABLE IN THE EYE OF LAW AND AS SUCH IT SHOULD BE TREATED AS A NULLITY, IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE GROUNDS LISTED IN THE APPEAL AS THE ORDERS ARE PASSED AFTER VERIFYING THE DOCUMENTS FILED IN SUPPORT OF THE CASE, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18323 WP No. 7992 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: a) To set aside illegal orders dated 06.03.2024 Annexure-G passed by the Hon'ble 32nd ACMM Bengaluru under Crl.Misc.8495/2023, without jurisdiction, authority and power under the mandatory provision listed under Sec.14(1) of affidavit clauses (i) to (ix), without pursuing verifying the contents of the affidavit, is unsustainable in the eye of law and as such it should be treated as a nullity, in the facts and circumstances of the case and the grounds listed in the appeal, as the orders are passed after verifying the documents filed in support of the case. b) To pass such other orders as this Hon'ble High Court deems fit to grant in the facts and circumstances of the case. 2. Learned counsel appearing for the petitioners on the last occasion submitted that the petitioners are ready to clear the entire outstanding amount along with interest, within a period of three months. Hence, this Court had directed the - 4 - HC-KAR NC: 2026:KHC:18323 WP No. 7992 of 2024 petitioners to come up with an affidavit and an affidavit dated 01.04.2026 is filed. It is stated that the outstanding amount is Rs.39,44,407/-. 3. Learned counsel for the petitioners further submits that the petitioners are ready to pay the outstanding amount within three months and on such payment of the amount, the clearance certificate may be given and original documents may be returned to the petitioners. 4. Learned counsel appearing for the Respondent/ Bank submits that the outstanding amount is Rs.40,93,319/-. 5. The learned counsel appearing for the Respondent/Bank submits that the petitioners have failed to pay the amount and are enjoying the interim order from a long time. 6. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the petitioners have filed an undertaking affidavit and are ready to clear the entire outstanding amount, in that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:18323 WP No. 7992 of 2024 ORDER i) The petitioners are directed to pay the entire amount as per the undertaking affidavit by 03rd July, 2026. ii) If the petitioners fail to pay the entire amount, the Respondent/Bank is at liberty to proceed further. iii) Having filed an undertaking affidavit before this Court, if the petitioners fail to honor the terms of the undertaking affidavit, they shall pay an amount of Rs.2,00,000/- (Rupees Two Lakh only) towards costs to the Respondent/Bank. iv) Once the entire amount is paid by the petitioners, the Respondent/Bank shall return the original documents. v) Accordingly the writ petition is disposed of. vi) All IA9s in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE DH, List No.: 1 Sl No.: 36