Court disposed of writ petition seeking quashing of coercive loan recovery proceedings. Proceedings kept in hibernation for nine weeks to allow petitioner to regularize loan account; otherwise proceedings resume.
Writ Petition disposed of; coercive proceedings kept in hibernation for nine weeks to facilitate loan regularization.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 24051 OF 2022 (GM-RES)
BETWEEN:
SRI RAMACHANDRAIAH B, (PAN NO.AAIHB2713B) S/O LATE BYRAPPA, AGED ABOUT 68 YEARS, DOOR NO.2849, 27TH WARD, 3RD CROSS, KEMPEGOWDA CIRCLE, RAMANAGAR-562 159.
…PETITIONER
(BY SRI. T C SANTHOSH., ADVOCATE FOR SRI. RAJENDRA M A.,ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
THE AUTHORISED OFFICER, THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO.3, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560 018. …RESPONDENT (BY SRI. K V LOKESH.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET-ASIDE THE IMPUGNED ORDER DTD 08.11.2022 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM RAMANAGAR DISTRICT, RAMANAGAR IN CRIMINAL MISCELLANEOUS NO.68/2022 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Both the sides having argued the matter at length, now graciously agree that the coercive proceedings of loan recovery be kept in hibernation to facilitate petitioner regularizing the loan account as has been done in more or less similar matter in W.P.No.18960/2022 (GM-RES) between MR.MUNIGANGAPPA M vs. THE BHARAT CO-OPERATIVE BANK LTD ., disposed off on 27.11.2023.
In view of the above, Writ Petition is disposed off; petitioner has been granted a period of nine weeks, to regularize the loan account failing which the said proceedings become alive and respondent-bank can proceed with the same, in accordance with law.
Costs made easy.
Sd/JUDGE
cbc
List No.: 1 Sl No.: 9
2 issues framed by the court
whether peace bond and coercive loan recovery proceedings should be kept in abeyance to facilitate loan regularization
whether the writ petition for quashing the impugned coercive order should be disposed of on final hearing or put in hold
Colour shows how this judgement treated each authority
MR.MUNIGANGAPPA M vs. THE BHARAT CO-OPERATIVE BANK LTDReferred¶16
W.P.No.18960/2022 (GM-RES) between MR.MUNIGANGAPPA M vs. THE BHARAT CO-OPERATIVE BANK LTD
1 provisions across 1 enactments
Sri Ramachandraiah B
The Authorised Officer, The Bangalore City Co-operative Bank Ltd
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
