Writ petition against coercive bank recovery proceedings is disposed of. RespondentBank agrees to regularize account if petitioner pays required sum in six weeks failing which proceedings revive.
Petitioner to regularize account by paying requisite sum in six weeks; failure to pay will revive coercive recovery proceedings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO.18960 OF 2022 (GM-RES)
BETWEEN:
MR. MUNIGANGAPPA M, S/O. LATE SRI. NEERAGATI MUNISWAMY, AGED 59 YEARS, RESIDING AT NO.482, SAPTHAGIRI NILAYA, 1ST MAIN ROAD, "RASHI SPLENDOUR "LAYOUT, RAGHUNATHAPURA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. …PETITIONER (BY SMT. SANDHYA U. PRABHU, ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
THE BHARAT CO-OPERATIVE BANK LTD., REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, REPRESENTED BY ITS AUTHORIZED OFFICER MANAGER, NO.30, 15TH CROSS, 3RD BLOCK, JAYANAGAR, BANGALORE - 560 011. …RESPONDENT (BY SRI. LOKESH K.V, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 03/09/2022 ISSUED BY RESPONDENT BANK PRODUCED AT ANNEXURE - G BEARING NO. BCB/21/2022-23 IN RESPECT OF SCHEDULE PROPERTY AND ETC.,
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The challenge is to the coercive proceedings of loan recovery. Some reprieve was granted by this Court vide order dated 17.07.2023 and it was continued later arguably with some modification.
In the above circumstances, this Writ petition is disposed off, requesting the respondent-Bank to regularize
the account in question as is undertaken before this Court, should the petitioners make payment of the requisite sum in that connection within a period of six weeks; half of that being paid in the first three weeks and the remainder in the weeks next following, failing which the coercive proceedings shall stand revived and the Respondent-bank can take all action for the recovery of outstanding debts.
Ordered accordingly.
Sd/JUDGE
ABK List No.: 1 Sl No.: 4
Mr. Munigangappa M
The Bharat Co-Operative Bank Ltd.
Krishna S Dixit
As recorded by the court registry
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