Petitioner challenged a bank notice recalling her loan as non-performing asset. The Bank pointed out pending Commercial Court proceedings with an identical counter claim. The High Court declined to exercise Article 226 jurisdiction, disposed of the petition leaving contentions to the Commercial Court.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 15963 OF 2022 (GM-RES)
BETWEEN:
ANITA FLORENCE GANDHI, D/O. CHRISTIE EVANS, AGED ABOUT 47 YEARS, R/AT NO.29, 5TH CROSS, NANDIVIEW LAYOUT, DINNUR ROAD, R. T. NAGAR, BENGALURU - 560 032.
…PETITIONER
(BY SRI.CHANDRASHEKHAR K. V., FOR SRI. SHANMUKHAPPA., ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
10/3/8, II FLOOR, RBI BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001.
NC: 2024:KHC:33377 WP No. 15963 of 2022
…RESPONDENTS
(BY SMT.REKHA K R., CGC FOR R1;
SRI. NAGARAJ DAMODAR K., FOR R5 AND R6; SRI. RAGHAVENDRA S. H., AGA FOR R7 AND R8; SRI. RAJESH VELLAKKAT., FOR R3; SRI. V. RAVIPRAKASH., FOR R4; R2 IS SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE NOTICE DTD 11.05.2022 ISSUED BY THE R6 AT ANNEXURE-M AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
The petitioner is before this Court being aggrieved by
the issuance of notice dated 11.05.2022 as per AnnexureM, by virtue of which the respondent No.5/Bank of Baroda has recalled the loan that was advanced to the petitioner, classifying the same as non performing asset.
proceedings under the Commercial Courts Act in Com.O.S.No.1375/2023 and the same is pending consideration. He further submits that the petitioner herein
has filed counter claim seeking reliefs which are identical and similar with the relief sought for in the present petition.
NC: 2024:KHC:33377 WP No. 15963 of 2022
their grievance before the Commercial Court as noted above.
the pending Com.O.S.No.1375/2023 to be considered by
the Commercial Court, this writ petition is disposed of .
Sd/(M.G.S. KAMAL) JUDGE
AMA List No.: 1 Sl No.: 17
1 issue framed by the court
Should the writ petition challenging the bank's recall of loan and NPA classification be entertained while identical relief is sought in a pending Commercial Court suit?
2 provisions across 1 enactments
Anita Florence Gandhi
Union of India
Reserve Bank of India (Ombudsman)
Banking Ombudsman (Karnataka)
Trans Union CIBIL Ltd.
Bank of Baroda (Head Office)
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
