The High Court dismissed the petition as an abuse of process due to the petitioner's repeated filings and failure to comply with previous interim orders and settlement schedules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:2565 WP No. 1094 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1094 OF 2024 (GM-RES)
BETWEEN:
SRI SAMPATH KUMAR S S/O SRI SHAMANNA AGED ABOUT 47 YEARS R/O NO.04, BHEEMANAHALLI SHANUMANGALA CROSS EAGLETON GOLF RESORT ROAD BIDADI POST AND HOBLI RAMANAGARA TALUK AND DISTRICT-562109
…PETITIONER
(BY SMT. SANDHYA U PRABHU, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
THE AUTHORIZED OFFICER/ MANAGER CANARA BANK, ARM BRANCH-II 2ND FLOOR, CIRCLE OFFICE SPENCER TOWER, NO.86 M G ROAD, BANGALORE-560001 …RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGAR IN CRL.MISC.NO.117/2023 IN RESPECT OF SCHEDULE PROPERTY PRODUCED AT ANNEXURE-G, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:2565 WP No. 1094 of 2024
ORDER
4. The petitioner, a borrower defaults in making payment on the finance so secured from the respondent -
bank. The petitioner then approached this Court in W.P.No.6268/2023, in which certain interim order is
passed. The said writ petition is pending.
“Sri.K.V.Lokesh, learned counsel has entered appearance for the respondent. Learned counsel submits that he has received a copy of the writ petition along with Annexures.
2. Learned counsel for the respondent-Bank submits that the petitioners have not approached this Court with clean hands. The petitioners have not mentioned that earlier they had filed W.P.No.6268/2023 and obtained interim orders at the hands of this Court on 17.03.2023. This Court had restrained the respondent-bank from proceeding further in view of the interim orders passed this Court, however, the petitioners were directed to demonstrate their bonafides by making substantial payments to the respondentBank according to the schedule of the One Time Settlement (OTS). Learned counsel submits that the directions issued by this Court were not
NC: 2024:KHC:2565 WP No. 1094 of 2024
complied by the petitioners, and the writ petition is still pending. The petitioners have not mentioned the filing and pendency of the said writ petition.
3. Having regard to the conduct of the petitioners in concealing the fact of him filing the writ petition in W.P.No.6268/2023, this Court is of the considered opinion that the writ petition is to be dismissed at the threshold by imposing costs on the petitioners for abusing the process of this Court.”
NC: 2024:KHC:2565 WP No. 1094 of 2024
merits dismissal with exemplary costs, this Court is holding its hands as the borrower is already in difficulty. Therefore, the petition stands dismissed.
Ordered accordingly.
Sd/JUDGE
HNM List No.: 1 Sl No.: 22
1 issue framed by the court
Whether the petitioners' repeated writ petitions constitute gross abuse of the process of law?
2 provisions across 2 enactments
Sri Sampath Kumar
The Authorized Officer/Manager Canara Bank, Arm Branch-II
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
