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2026 DAILYLAW 49171 (KAR)

SMT M MANJULA RAMESH v. SRI GURU RAGHAVENDRA SAHAKARA BANK

WP/20128/2022 · 2026-02-04

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20128 OF 2022 (GM-RES) C/W WRIT PETITION NO. 20121 OF 2022 (GM-RES) IN WP No. 20128/2022 BETWEEN: SMT M MANJULA RAMESH W/O SRI M B RAMESH AGED ABOUT 55 YEARS, R/AT NO.455, BALASATHYA NILAYA 8TH MAIN ROAD, TARA SUBBA RAO ROAD, HANUMANTHA NAGAR BENGALURU-560 019. …PETITIONER (BY SRI. C SHANKAR REDDY.,ADVOCATE) AND: 1. SRI GURU RAGHAVENDRA SAHAKARA BANK, BASAVANAGUDI BENGALURU-560 004. REPRESENTED BY ITS ADMINISTRATOR SRI R ASHOKAN KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 2. STATE BANK OF INDIA HOSAKEREHALLI BRANCH BENGALURU - 560 085 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. S.D.N. PRASAD., ADVOCATE FOR R1; SRI. ABHILASH R., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNCIATION BEARING NO.SGR/SJ/834/2022-23 DATED 03.08.2022 ISSUED BY SRI GURU RAGHAVENDRA BANK NIYAMITHA, THE R1 HEREIN ADDRESSED TO THE BRANCH MANAGER, STATE BANK OF INDIA, THE R2 HEREIN WITH A REQUEST TO WITHHOLD THE AMOUNTS LYING IN THE ACCOUNT OF THE PETITIONER VIDE ACCOUNT NO.40107934748 AND REVERT THE AMOUNT TO CURRENT ACCOUNT NO.45180200000263 HELD WITH BANK OF BARODA, BASAVAGUDI BRANCH PRODUCED AND MARKED AS ANNEXURE-C TO THE WRIT PETITION AND ETC. IN WP NO. 20121/2022 BETWEEN: SRI M B RAMESH S/O M S BALARAM AGED ABOUT 62 YEARS, R/AT NO.455, 'BALASATHYA NILAYA' 8TH MAIN ROAD, TARA SUBBA RAO ROAD HANUMANTHA NAGAR BENGALURU-560 019. ...PETITIONER - 3 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 (BY SRI. C SHANKAR REDDY.,ADVOCATE) AND: 1. SRI. GURU RAGHAVENDRA SAHAKARA BANK BASAVANAGUDI BENGALURU-560 004 REPRESENTED BY ITS ADMINISTRATOR SRI. R. ASHOKAN. 2. STATE BANK OF INDIA HOSAKEREHALLI BRANCH BENGALURU-560 085 REPRESENTED BY ITS BRANCH MANAGER. ...RESPONDENTS (BY SRI. S.D.N. PRASAD., ADVOCATE FOR R1; SRI. ABHILASH R., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION BEARING NO.SGR/SJ/835/2022-23 DATED 03.08.2022 ISSUED BY SRI GURU RAGHAVENDRA BANK NIYAMITHA, THE R1 HEREIN ADDRESSED TO THE BRANCH MANAGER, STATE BANK OF INDIA, THE R2 HEREIN WITH A REQUEST TO WITHHOLD THE AMOUNTS LYING IN THE ACCOUNT OF THE PETITIONER VIDE ACCOUNT NO.4010795966 AND REVERT THE AMOUNT TO CURRENT ACCOUNT NO.45180200000263 HELD WITH BANK OF BARODA, BASAVAGUDI BRANCH PRODUCED AND MARKED AS ANNEXURE-C TO THE WRIT PETITION AND ETC. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 ORAL ORDER These petitions are by the petitioners-husband and wife seeking for following reliefs: In W.P.No.20128/2022: '' (a) Issue a writ of certiorari or writ of like nature quashing the communication bearing no. SGR/SJ/834/2022-23 dated 03.08.2022 issued by Sri Guru Raghavendra Bank Niyamitha, the first respondent herein addressed to The Branch Manager, State Bank of India, the second respondent herein with a request to withhold the amounts lying in the account of the petitioner vide Account no.40107934748 and revert the amount to Current Account no.45180200000263 held with Bank of Baroda, Basavagudi Branch produced and marked as ANNEXURE 'C' to the writ petition. [b] Issue a writ of certiorari or writ of like nature quashing the communication bearing no. SBI/HOSAKEREHALLI/MIS/2022-23/2 dated 16.08.2022 Issued by The Branch Manager, State Bank of India, the second respondent herein Intimating the petitioner that the funds in the account of the petitioner have been withheld and consequently Issue necessary directions to the second respondent bank to release the amounts lying in the account of the petitioner vide Account no.40107934745 produced and marked as ANNEXURE 'D' to the writ petition. [c] Issue a writ of mandamus or writ or order of like nature to comply with the terms of the legal notice dated 26.08.2022 issued by the petitioner and addressed to the first respondent herein le., Sri Guru Raghavendra Sahakara Bank Niyamitha produced and marked as ANNEXURE 'F' to the writ petition by holding proper and sufficient enquiry by giving the petitioner a personal opportunity of being heard. [d] Restrain the first respondent bank le., Sri Guru Raghavendra Sahakara Bank Niyamitha from initiating any criminal proceedings against the petitioner or from proceeding in terms of communication dated 18.08.2022 vide No.SGR/MS/939/2022-23 produced and marked AS ANNEXURE 'E' to the writ petition without proper verification of the records as to whether the overdraft account holder bearing OD Account no. 103200000828 standing in the name of Ramesh N pertains to the petitioner or not and without providing the petitioner proper and sufficient opportunity of being heard. [e] Costs and such other reliefs that this honourable court deems fit to grant in the facts and circumstances of the case to meet the larger interest of justice. '' - 5 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 In W.P.No.20121/2022: '' [a] Issue a writ of certiorari or writ of like nature quashing the communication bearing no. SGR/SJ/835/2022-23 dated 03.08.2022 issued by Sri Guru Raghavendra Bank Niyamitha, the first respondent herein addressed to The Branch Manager, State Bank of India, the second respondent herein with a request to withhold the amounts lying in the account of the petitioner vide Account no. 40107905966 and revert the amount to Current Account по. 45180200000263 held with Bank of Baroda, Basavagudi Branch produced and marked as ANNEXURE 'C' to the writ petition. [b] Issue a writ of certiorari or writ of like nature quashing the communication bearing no. SBI/HOSAKEREHALLI/MIS/2022- 23/1 dated 16.08.2022 issued by The Branch Manager, State Bank of India, the second respondent herein intimating the petitioner that the funds in the account of the petitioner have been withheld and consequently issue necessary directions to the second respondent bank to release the amounts lying in the account of the petitioner vide Account no.40107905966 produced and marked as ANNEXURE 'D' to the writ petition. [c] Issue a writ of mandamus or writ or order of like nature to comply with the terms of the legal notice dated 26.08.2022 issued by the petitioner and addressed to the first respondent herein le., Sri Guru Raghavendra Sahakara Bank Niyamitha produced and marked as ANNEXURE 'F' to the writ petition by holding proper and sufficient enquiry by giving the petitioner a personal opportunity of being heard. [d] Restrain the first respondent bank le., Sri Guru Raghavendra Sahakara Bank Niyamitha from initiating any criminal proceedings against the petitioner or from proceeding in terms of communication dated 18.08.2022 vide No.SGR/MS/939/2022-23 produced and marked AS ANNEXURE 'E' to the writ petition without proper verification of the records as to whether the overdraft account holder bearing OD Account no. 103200000828 standing in the name of Ramesh N pertains to the petitioner or not and without providing the petitioner proper and sufficient opportunity of being heard. [e] Costs and such other reliefs that this honourable court deems fit to grant in the facts and circumstances of the case to meet the larger interest of justice.'' - 6 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 2. Petitioners were the account holders of respondent No.1-Bank, which is now under the process of Order passed under Section 35A of the Banking Regulation Act, 1949 and an Administrator has been appointed. 3. The case of the petitioners is that in terms of the DICGC (Deposit Insurance and Credit Guarantee Corporation) scheme, petitioners are entitled for a sum of Rs.5,00,000/- and since the said amount has been released, the respondent No.1 is declining to pay to the petitioners on the premise of their accounts having been apparently misused for some other transaction. 4. Learned counsel for the petitioners today files a memo enclosing the pass sheets of the accounts held by the petitioners individually and in their joint names. He also takes this Court through the various transactions in the nature of deposits made and receipt of the amount from the accounts and submits that the said accounts have not been utilised for any sham transaction as alleged. 5. Per contra, learned counsel for the respondent No.1, drawing attention of this Court to the statement of objections - 7 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 filed in the aforesaid two petitions, more particularly to page No.89 and 91, points out that certain sums of Rs.12,00,000/- and Rs.4,00,000/- have been credited to the accounts of the petitioners from certain account bearing No. O.D. No.828, which purportedly belongs to certain Sri. N. Ramesh. That the said Sri. N. Ramesh is facing the accusation of defrauding the Bank for a Sum of Rs.639,80,58,666.92/-. He submits since this material was discovered while processing the records of petitioners, the request of the petitioners was withheld. He fairly submits that if the petitioners are able to furnish the documents and explain the amounts referred and as reflected in the pass sheets, their application would be considered in accordance with law. 6. In response, learned counsel for the petitioners submit that a specific direction be issued to respondent No.1 to consider the case in a time bound manner by providing sufficient opportunity, enabling the petitioners to furnish all the records. 7. Submissions are placed on record. - 8 - HC-KAR NC: 2026:KHC:6422 WP No. 20128 of 2022 C/W WP No. 20121 of 2022 8. Petition is disposed of. Petitioners shall approach the Administrator appointed by the respondent No.1-Bank on 20.02.2026 at 2:30 p.m., with necessary documents. The Administrator of respondent No.1-Bank shall thereafter, pass appropriate order after affording sufficient opportunity to explain the concern raised by the respondent-Bank. Such order shall be passed within an outer limit of thirty days thereafter. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 2 Sl No.: 7