Disposed

Smt Usha v. the Citzen Co. Operative Bank Ltd.

Karnataka HC14 Jan 2026WP/16497/2022

Case brief

AI extract

What is this about?

Petitioners sought a mandamus directing the co-operative bank to consider one time settlement of their loan dues as on 05.03.2016, after award under Section 70 of the Karnataka Co-operative Societies Act and SARFAESI proceedings. The court reserved liberty to file a fresh representation, to be considered by the bank in accordance with law.

What did the court decide?

Liberty to file fresh representation within 15 days; respondent bank to consider it in accordance with law within 30 days.

Smt Usha Vs the Citzen Co. Operative Bank Ltd. — Cooperative Societies | Karnataka HC (2026)

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1 - NC: 2026:KHC:2175 WP No. 16497 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16497 OF 2022 (GM-RES)

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BETWEEN:

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SMT USHA W/O LA TE RAGHAVENDRA RAO AGED ABOUT 61 YEARS

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SRI. MADHUSUDHANA S/O LATE RAGHAVENDRA RAO AGED ABOUT 38 YEARS

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MRS. R. MANASA W/O ARUN M S AGED ABOUT 33 YEARS R/O BENGALURU

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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ALL ARE R/O NO. 261, 1ST FLOOR, 53^RD D CROSS, 3RD Y BLOCK, RAJAJINAGAR, BENGALURU- 560 010

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…PETITIONERS

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(BY SRI. K SREEDHAR., ADVOCATE)

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AND:

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THE CITZEN CO OPERATIVE BANK LTD NO. 651/A, D BLOCK 2ND STAGE, 1ST MAIN RAOD, DR. RAJAKUMAR ROAD,

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NC: 2026:KHC:2175 WP No. 16497 of 2022

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HC-KAR

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RAJAJINAGAR, BENGALURU- 560 010 REPRESENTED BY ITS AUTHORIZED OFFICER MR. N. NARENDRA GOVIND

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…RESPONDENT

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(BY SRI. LOKESH K V., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS FOR ONE TIME SETTLEMENT BY TAKING INTO AMOUNT DUE AS ON 5.3.2016.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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The present petition is filed seeking following reliefs:

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i) "issue writ in the nature of mandamus directing the respondents to consider the case of the petitioners for one time settlement by taking into amount due as on 5/3/2016."

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ii) Pass such other order as may be deemed just and expedient in the circumstances of the case including award of cost of this petition, in the interest of justice and equity."

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NC: 2026:KHC:2175 WP No. 16497 of 2022

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HC-KAR

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It appears that the respondent-Co-operative

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Bank has already obtained award under Section 70 of the Karnataka Co-operative Societies Act, 1959, from the Joint Registrar and has also initiated proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002 (for short "SARFAESI Act").

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Learned counsel for the petitioners submits that, the petitioner is ready and willing to resolve the matter amicably by paying the amount subject to respondent-Co-operative Bank accommodating settlement under the one time settlement scheme, taking into consideration the amount due as on 05.03.2016.

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The learned counsel for the respondent-Cooperative Bank, on the other hand submits that, if a representation is made, the respondent-Co-operative Bank would consider the same in accordance with law.

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NC: 2026:KHC:2175 WP No. 16497 of 2022

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HC-KAR

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Submission is taken on record.

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Reserving liberty to the petitioners to file a

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fresh representation within 15 days from the date of

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receipt of certified copy of this order, the petition stands

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disposed of.

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Upon such representation being made, the

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respondent-Co-operative Bank shall consider the same in accordance with law and pass appropriate order within 30

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days thereafter.

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Sd/(M.G.S. KAMAL) JUDGE

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List No.: 1 Sl No.: 4

Smt Usha v. the Citzen Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Smt Usha v. the Citzen Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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