Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13359 WP No. 38482 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 38482 OF 2025 (GM-DRT)
BETWEEN:
1.
SRI. SHAFIULLA S/O SRI. ABDULLA BASHA, AGED ABOUT 46 YEARS,
2.
SMT. YASMEEN W/O SRI. SHAFIULLA, AGED ABOUT 43 YEARS,
BOTH RESIDING AT:
NO.13, 2ND FLOOR, 8TH CROSS, KRISHNAPPA LAYOUT, SHAMPURA DODAMMADEVI, TEMPLE STREET ARABIC COLLEGE, BENGALURU - 560 045 KARNATAKA …PETITIONERS (BY SMT. FARHEEN, ADVOCATE) AND:
DCB BANK LIMITED RAJAJINAGAR BRANCH, OFFICE AT NO.650/12, BEE EM AVENUE 2ND STAGE,
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13359 WP No. 38482 of 2025
D BLOCK DR. RAJKUMAR ROAD, RAJAJINAGAR BENGALURU - 560 010 KARNATAKA REPRESENTED BY ITS BRANCH MANAGER
…RESPONDENT (BY SRI. SURESH V., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, DIRECTING THE RESPONDENT DCB BANK LIMITED TO FORTHWITH CONSIDER AND DECIDE THE PETITIONERS' REPRESENTATION DATED 30.09.2025 FOR ONE TIME SETTLEMENT (OTS) OF THEIR HOUSING LOAN ACCOUNT, IN A FAIR, REASONABLE, AND TIME-BOUND MANNER, TAKING INTO CONSIDERATION THE PETITIONERS' MEDICAL CONDITION, FINANCIAL HARDSHIP, REPAYMENT HISTORY, AND THE FACT THAT THE SCHEDULE PROPERTY IS THEIR ONLY RESIDENTIAL HOUSE ECT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:13359 WP No. 38482 of 2025
ORAL ORDER Sri.Suresh, learned counsel appearing on behalf of the respondent/Bank. 2. The present writ petition is filed seeking the following prayers: (a) Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Respondent DCB Bank Limited to forthwith consider and decide the Petitioners' representation dated 30.09.2025 for One Time Settlement (OTS) of their housing loan account, in a fair, reasonable, and time- bound manner, taking into consideration the Petitioners' medical condition, financial hardship, repayment history, and the fact that the schedule property is their only residential house-Annexure D (b) Direct the Respondent Bank to offer a reasonable One Time Settlement (OTS) to the Petitioners, or on such other equitable terms as this Hon'ble Court may deem fit and proper; (c) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity."
3. It is the case of the petitioners that they had availed a housing loan from the respondent Bank and they have been repaying the amounts regularly and diligently. Despite
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HC-KAR NC: 2026:KHC:13359 WP No. 38482 of 2025
having paid approximately 92% of the original disbursed loan amount, the respondent Bank claims that a further sum of Rs.24,00,000/- remains outstanding. The said amount is highly excessive and without considering the repayment already made, petitioners submitted a detailed written representation dated 30.09.2025, reiterating their request to the respondent bank to grant them a humane and reasonable One Time Settlement (for short 'OTS') and to communicate the terms of such OTS at the earliest. The respondent Bank has received the said representation and the respondent Bank has not responded to the same. Hence, the petitioners have come up before this Court. 4. The learned counsel appearing for the respondent Bank submits that the respondent Bank has filed their objections. In the light of the law laid down by the Hon'ble Apex Court, this Court cannot issue a writ of mandamus directing the respondent Bank to grant OTS. However, the petitioners have made a representation to the respondent Bank dated 30.09.2025 seeking OTS, the respondent Bank shall consider the same in accordance with the law. - 5 -
HC-KAR NC: 2026:KHC:13359 WP No. 38482 of 2025
5.
Accordingly, this court passing the following:
ORDER i. The writ petition is disposed of, directing the respondent Bank to consider the petitioners' representation dated 30.09.2025, in accordance with law, within a period of four weeks from the date of receipt of the copy of this order. ii. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
SMC List No.: 1 Sl No.: 16