Disposed¶30

Mr. Shabbir Hussain v. M/S Equitas Small Finance Bank Ltd.

Karnataka HC24 Mar 2025WP/5246/2025

Case brief

AI extract

What is this about?

Karnataka High Court; M.Nagaprasanna, J.; WP No. 5246 of 2025 (GM-RES); NC: 2025:KHC:12421; Shabbir Hussain; Fharana Begum; Equitas Small Finance Bank Ltd.; Chikkamagaluru; Crl.Misc.No. 183/2024; order dated 23.10.2024; Articles 226 and 227; writ petition disposed; liberty reserved to approach appropriate forum; interim order compliance; continuation of monthly installments; Bank free to act in accordance with law on default; Rs.1,50,000/- towards regularisation of loan account (counsel's submission).

What did the court decide?

Petition disposed of without adjudicating the challenge to the impugned order; liberty reserved to the petitioners to approach the appropriate forum in the event of need. ¶30

Mr. Shabbir Hussain Vs M/S Equitas Small Finance… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of without adjudicating the challenge to the impugned order; liberty reserved to the petitioners to approach the appropriate forum in the event of need.

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Issue for consideration

Whether the order dated 23.10.2024 in Crl.Misc.No. 183/2024 passed by the Principal Senior Civil Judge and Chief Judicial Magistrate, Chikkamagaluru was liable to be quashed and set aside (as prayed in the writ petition); the Court did not adjudicate this issue and disposed of the petition.

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Court's answer

In light of the circumstances (compliance of the interim order and the near-regularisation of the account), the petition stands disposed, reserving liberty to the petitioners to knock at the doors of the appropriate forum in the event of need.

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Ratio / Principle

Compliance with the interim order does not mean that the petitioners are relieved of continuing to pay the monthly installments; if they falter, it is open to the Bank to take appropriate action in accordance with law.

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Detailed headnote1 paragraphs

Writ Petition No. 5246 of 2025 (GM-RES) — Shabbir Hussain and another v. Equitas Small Finance Bank Ltd. — High Court of Karnataka at Bengaluru (Hon'ble Mr Justice M.Nagaprasanna), 24-03-2025: Petition under Articles 226 and 227 of the Constitution of India seeking quashing of the order dated 23.10.2024 in Crl.Misc.No. 183/2024 passed by the Principal Senior Civil Judge and Chief Judicial Magistrate, Chikkamagaluru (Annex-B). At the preliminary hearing, counsel for the respondent Bank submitted that the interim order had been complied with and that a further payment of Rs.1,50,000/- would regularise the account. The Court observed that compliance of the interim order would not mean that the petitioners need not continue to pay the monthly installments, and that on default it is open to the Bank to take appropriate action in accordance with law. The petition was disposed of, reserving liberty to the petitioners to knock at the doors of the appropriate forum in the event of need.

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NC: 2025:KHC:12421 WP No. 5246 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5246 OF 2025 (GM-RES)

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BETWEEN:

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MR. SHABBIR HUSSAIN, S/O ABDUL KHADER, AGED ABOUT 54 YEARS, R/AT HORATTI VILLAGE, KENJIGE, MUDIGERE TALUK, CHIKMAGALUR - 577 113.

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MRS. FHARANA BEGUM, W/O SHABBIR HUSSAIN, AGED ABOUT 45 YEARS R/AT HORATTI VILLAGE, KENJIGE, MUDIGERE TALUK, CHIKMAGALUR - 577 113.

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…PETITIONERS

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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(BY SRI. MILIND KALLAPPA TORAVI, ADVOCATE)

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AND:

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M/S. EQUITAS SMALL FINANCE BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER, 4TH FLOOR, PHASE II, SPENCER PLAZA, NO. 769, MOUNT ROAD, ANNA SALAI, CHENNAI - 600 002.

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…RESPONDENT

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(BY SRI. AVINASH B.C, ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND

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NC: 2025:KHC:12421 WP No. 5246 of 2025

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SETTING ASIDE THE ORDER DATED 23.10.2024 IN CRL.MISC.NO. 183/2024 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, CHIKKAMAGALURU IN ANNX-B AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The learned counsel appearing for the respondent submits that the interim order has been complied with.

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Compliance of the interim order would not mean

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that the petitioners would not continue to pay the equally monthly installments. In the event, they would falter, it is open for the Bank to take appropriate action, in accordance with law.

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Learned counsel appearing for the respondent submits that if another Rs.1,50,000/-, the account would become regular.

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NC: 2025:KHC:12421 WP No. 5246 of 2025

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In the light of the aforesaid circumstances, the petition stands disposed, reserving liberty to the petitioners to knock at the doors of the appropriate forum, in the event of need.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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List No.: 1 Sl No.: 94 CT: BHK

Mr. Shabbir Hussain v. M/S Equitas Small Finance Bank Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Shabbir Hussain v. M/S Equitas Small Finance Bank Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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