Petitioner challenged a bank notice classifying him as wilful defaulter without first submitting a representation to the Committee of Executives for Identification of Wilful Defaulters. Court held direct resort to the writ route was not maintainable and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 7526 OF 2020 (GM-RES)
BETWEEN:
UDAYA G.P. S/O SHRI. PUTTACHAR R/O HEBBALE VILLAGE HARISCHANDRAPURA MAIN ROAD GONI KOPPAL, MADIKERI DIST-571 213.
…PETITIONER
(BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
CR MD, MAHVEERA CIRICLE KANKANADY MANGALURU-575 002.
…RESPONDENTS
(BY SRI. NITHIN CHANDRA .M, ADVOCATE FOR R-1 AND R-3 RESPONDENT NO.2 SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS ON THE FILE OF R-3 DATED 10.03.2020 VIDE ANNEXURE-L AND DIRECT THE RESPONDENTS TO GRANT SOME TIME TO DEPOSIT THE AMOUNT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner challenges the notice dated 10.03.2020 issued by the respondents – Bank by which the petitioner was classified as Wilful Defaulter and was called upon to give explanation – representation before the Committee of the Executives for Identification of Wilful Defaulters within 15 days after receipt of the letter.
Accordingly, the writ petition stands dismissed.
Pending applications, if any, are also disposed off.
Sd/JUDGE
NBM
1 issue framed by the court
Was the writ petition maintainable when the petitioner bypassed the Committee of Executives for Identification of Wilful Defaulters by approaching the High Court directly?
Udaya G.P.
The Chief Manager and Authorized Officer, Karnataka Bank Limited
The Manager, Karnataka Bank Ltd, Gonikoppal Branch
The Deputy General Manager and Convener, Karnataka Bank Credit Monitoring Department
Hemant Chandangoudar
As recorded by the court registry
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