Disposed¶54

The Authorized Officer / v. Sri. Manjunath M R

Karnataka HC28 Aug 2025WA/843/2024

Case brief

AI extract

What is this about?

Karnataka HC Division Bench, W.A. 843/2024 (GM-RES) c/w C.C.C. 571/2024, decided 28.08.2025: writ appeal and contempt proceedings concerning Single Judge's order dated 15.04.2024 in W.P. 23163/2022 directing Hanumanthanagar Co-operative Bank to return Rs.20,00,000/-; disposed on indemnity affidavit of 21.08.2025, personal repayment undertaking, SARFAESI bar on interim orders noted; compliance within four weeks. Neutral citation: NC: 2025:KHC:33496-DB.

What did the court decide?

W.A. No.843/2024 and Contempt of Court Case No.571/2024 disposed of; the learned Single Judge's directions are to be complied with within four weeks, upon recording of the indemnity affidavit dated 21.08.2025 and respondent No.1's undertaking to keep the Bank indemnified and personally repay Rs.20,00,000/- if so required. ¶54

The Authorized Officer / Vs Sri. Manjunath M R — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶54

Issue for consideration

Whether the writ appeal should succeed in setting aside the learned Single Judge's order dated 15.04.2024 in WP No.23163/2022 directing the Bank to return Rs.20,00,000/- to the petitioner and dismissing the writ petition, in view of proceedings said to be pending against the Bank. +1 more

¶23

Court's answer

In the light of the indemnity affidavit placed on record on 21.08.2025 (with respondent No.1's undertaking to keep the Bank indemnified and to personally repay Rs.20,00,000/- if orders are passed against the Bank in any proceedings), the contentions advanced by respondent No.1 were accepted.

¶48

Ratio / Principle

Recording the indemnity affidavit filed on 21.08.2025 and the submission that appropriate steps shall be taken to comply with the directions of the learned Single Judge within four weeks from that day, W.A. No.843/2024 and Contempt of Court Case No.571/2024 were disposed of.

¶49

Detailed headnote1 paragraphs

Division Bench (Anu Sivaraman and Rajesh Rai K, JJ.), High Court of Karnataka, Bengaluru (order dated 28.08.2025; NC: 2025:KHC:33496-DB). Writ Appeal No.843/2024 (GM-RES), filed under Section 4 of the Karnataka High Court Act, 1961 by the Authorized Officer/Branch Manager of The Hanumanthanagar Co-operative Bank Ltd. against the learned Single Judge's order of 15.04.2024 in W.P. No.23163/2022 directing return of Rs.20,00,000/- to the writ petitioner, was heard c/w Civil Contempt Petition No.571/2024 filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 alleging non-compliance with that order. Counsel for respondent No.1 submitted that proceedings against the Bank stood pending without interim orders owing to a bar under the SARFAESI Act, and produced an indemnity affidavit dated 21.08.2025 together with respondent No.1's personal undertaking to repay Rs.20,00,000/- to the Bank if orders were passed against it in any proceedings. Accepting those contentions and recording the affidavit and the undertaking to comply with the Single Judge's directions within four weeks, the Bench disposed of both the appeal and the contempt case.

¶1

¶2

NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 28^TH DAY OF AUGUST, 2025

¶6

PRESENT

¶7

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

¶8

AND

¶9

THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 843 OF 2024 (GM-RES) C/W

¶10

CIVIL CONTEMPT PETITION NO. 571 OF 2024

¶11

IN WA NO. 843/2024: BETWEEN:

¶12

THE AUTHORIZED OFFICER / BRANCH MANAGER, THE HANUMANTHANAGAR CO-OPERATIVE BANK LTD., No.7/29, 3^RD MAIN ROAD, 1^ST CROSS HANUMANTHANAGAR BENGALURU - 560 019 (REGISTRATION UNDER CO-OPERATIVE SOCIETY ACT, 1959)

¶13

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

¶14

(BY SRI. VENUGOPAL M.S., ADVOCATE)

¶15

AND:

¶16

…APPELLANT

¶17

SRI. MANJUNATH M.R., S/O. RAJASHETTY, AGED ABOUT 44 YEARS, RESIDING AT No.2383, 1^ST FLOOR, 1^ST CROSS, 1^ST A MAIN ROAD, RPC LAYOUT, VIJAYANAGARA, BENGALURU - 560 040.

¶18

2 - NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024

¶19

HC-KAR

¶20

SRI. DARSHAN D. S/O DHARMARAJ M., AGED ABOUT YEAR, RESIDING AT No.265, BASHYAM ROAD, COTTONPET MAIN ROAD, OPP SANMAN HOTEL, BENGALURU SOUTH, BENGALURU - 560 053.

¶21

…RESPONDENTS

¶22

(BY SRI. H. SHANTHI BHUSHAN, ADVOCATE FOR C/R1)

¶23

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No.23163/2022 DATED 15.04.2024 AND DISMISS THE WRIT PETITION BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

¶24

IN CCC NO. 571/2024: BETWEEN:

¶25

SHRI. MANJUNATH M.R. S/O RAJA SHETTY, AGED ABOUT 44 YEARS, R/AT No.2383, 1^ST FLOOR, 1^ST CROSS, 1^ST MAIN ROAD, RPC LAYOUT, VIJAYANAGAR BENGALURU - 560 040 PRESENTLY R/AT. MALAGALALE ALUR TALUK, HASSAN DISTRICT - 573 129

¶26

…COMPLAINANT

¶27

(BY SRI. H. SHANTHI BHUSHAN, ADVOCATE)

¶28

¶29

NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024

¶30

HC-KAR

¶31

AND:

¶32

D. KRISHNA THE AUTHORIZED OFFICER / BRANCH MANAGER THE HANUMANTHANAGAR CO-OPERATIVE BANK LTD., #7/29, 3^RD MAIN ROAD, 1^ST CROSS, HANUMANTHANAGAR BENGALURU - 560 019.

¶33

...ACCUSED

¶34

(BY SRI. VENUGOPAL M.S., ADVOCATE)

¶35

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO SECURE THE ACCUSED HEREIN, AND INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR NON COMPLIANCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P. No.23163/2022 (GM-RES) DATED 15.04.2024 VIDE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE CONTEMPT OF COURT ACT.

¶36

THESE APPEAL AND PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶37

4 - NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024

¶38

HC-KAR

¶39

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

¶40

ORAL JUDGMENT

¶41

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

¶42

Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondents.

¶43

The learned Single Judge by an order dated 15.04.2024 in Writ Petition No.23163/2022 had directed to return Rs.20,00,000/- to the petitioner subject to any proceedings by the borrower, pending as on date, against the Bank.

¶44

The learned senior counsel appearing for respondent No.1 submits that all the proceedings initiated against the Bank which had been referred to by the learned counsel appearing for the appellant/Bank are pending without any interim orders on the ground that there is a bar under the SARFAESI Act and that the interim orders cannot be granted in

¶45

5 - NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024

¶46

HC-KAR

¶47

the said suits. It is submitted that apart from submitting an indemnity affidavit before the learned Single Judge, an indemnity affidavit has been placed on record in this appeal on 21.08.2025, specifically stating that respondent No.1 shall keep the Bank indemnified against any claims and that the amount of Rs.20,00,000/- which is being permitted to be withdrawn shall be repaid to the Bank, in case there are orders passed against the bank in any proceedings. The learned senior counsel would also submit that respondent No.1 personally undertakes to repay the amount of Rs.20,00,000/- to the bank if required to do so.

¶48

Having considered the contentions advanced and having heard the learned counsel on either side, we are of the opinion that in the light of the indemnity affidavit placed on record on 21.08.2025, the said contentions of respondent No.1 can be accepted.

¶49

Accepting the said contentions, recording the indemnity affidavit filed on 21.08.2025 and recording the submission that appropriate steps shall be taken to comply with the directions of the learned Single Judge within a period of

¶50

¶51

NC: 2025:KHC:33496-DB WA No. 843 of 2024 C/W CCC No. 571 of 2024

¶52

HC-KAR

¶53

four weeks from today, WA No.843/2024 and Contempt of

¶54

Court Case No.571/2024 are disposed of .

¶55

Sd/(ANU SIVARAMAN) JUDGE

¶56