Disposed¶36

Smt. K. Lakshmi v. Kotak Mahindra Bank

Karnataka HC17 Mar 2025WP/22022/2021

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru); WP No. 22022 of 2021 (GM-RES); decided 17.03.2025; Suraj Govindaraj J; petitioner Smt. K. Lakshmi; respondents Kotak Mahindra Bank and Kumar A.N; writ of mandamus to regularize loan account per Annexure-C dated 29.11.2021; petition withdrawn with liberty to approach Debts Recovery Tribunal; Section 14 Limitation Act 1963 benefit for time spent; pending IAs dismissed; advocates Subrahmanya Kaushik R.S, S.V. Srinivas, Avinash B.C.

What did the court decide?

Writ petition permitted to be withdrawn with liberty to approach the Debts Recovery Tribunal; benefit of Section 14 of the Limitation Act, 1963 for the time spent prosecuting the petition; pending IAs, if any, dismissed. ¶36

Smt. K. Lakshmi Vs Kotak Mahindra Bank — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:10931 WP No. 22022 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22022 OF 2021 (GM-RES)

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BETWEEN:

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SMT. K. LAKSHMI, W/O. A.N. KUMAR, AGED 47 YEARS, R/AT NO. 9TH, 7TH MAIN, 7TH CROSS, MALLESHWARAM, BANGALORE - 560 003.

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…PETITIONER

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(BY SRI. SUBRAHMANYA KAUSHIK R.S, ADVOCATE FOR SRI. S.V. SRINIVAS, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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KOTAK MAHINDRA BANK, KOTAK HOUSE, NO. 22, 3RD FLOOR, MG ROAD, BENGALURU - 560 001,

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REPRESENTED BY ITS AUTHORIZED OFFICER.

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KUMAR A.N S/O. ASWATHANARAYANA, AGE 53 YEARS, RESIDING AT NO. 9, 7TH MAIN, 7TH CROSS, MALLESHWARAM, BANGALORE - 560 003.

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…RESPONDENTS

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(BY SRI. AVINASH B.C, ADVOCATE FOR R1, R2 - KUMAR A.N - SERVED)

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2 - NC: 2025:KHC:10931 WP No. 22022 of 2021

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT BANK TO REGULARIZE THE LOAN ACCOUNT VIDE ANNX-C DATED 29.11.2021 AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this court seeking for

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the following reliefs:

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"(a) To issue a writ of Mandamus directing the Respondent Bank to Regularize the loan account as per ANNEXURE-C.

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(b) To award the costs of the Petition; and

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(c) To pass such other order or orders, as this Hon'ble court deems fit to grant in the circumstances of the case in the interest of justice and equity. "

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2. Memo dated 17.03.2024 has been filed signed

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by the learned for the petitioner, which reads as under:

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"The petitioner most humbly prays that this Hon'ble Court be pleased to permit her to withdraw this writ petition with liberty

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NC: 2025:KHC:10931 WP No. 22022 of 2021

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to approach the Debts Recovery Tribunal by filing appropriate application. It is humbly prayed that the period spent in persecuting this writ petition may be excluded in terms of Section 14 of the Limitation Act, 1963. "

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Accepting the said memo and submission of

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learned counsel for the petitioner, petition is permitted to be withdrawn with liberty reserved to the petitioner to approach the Debts Recovery Tribunal. Petitioner would be entitled to benefit of Section 14 of the Limitation Act, 1963 as regular the time spent in prosecuting the above petition.

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Pending IA.s if any, stands dismissed.

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SD/(SURAJ GOVINDARAJ) JUDGE

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AMM List No.: 1 Sl No.: 16 CT: BHK

Smt. K. Lakshmi v. Kotak Mahindra Bank

Case brief

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Smt. K. Lakshmi v. Kotak Mahindra Bank

Case brief

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