Mr B Shankara Vs Mahaganapathi Souharda Pattina Sahakara Niyamitha

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NC: 2026:KHC:18849 WP No. 6617 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6617 OF 2024 (GM-DRT)

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BETWEEN:

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MR B SHANKARA S/O LATE BANGAIAH AGED ABOUT 48 YEARS R/A NO.303, 3RD FLOOR, EVERJOY SREERANGA THEJAS, UTTARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK- 560061

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…PETITIONER

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(BY SRI. MOHAMMED ATIF, ADVOCATE FOR

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SRI. RAJENDRA M A., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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MAHAGANAPATHI SOUDHARDA PATTINA SAHAKARA NIYAMITHA NO.38/2, SRI RAMA KRUPA N A T STREET, BASAVANAGUDI BENGALURU-560004

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IT IS A CO-OPERATIVE BANKING INSTITUTION REGISTERED UNDER THE KARNATAKA STATE CO-OPERATIVE SOCITIES ACT, ALSO GOVERED UNDER THE PROVISIONS OF BANKING REGULATION ACT, 1949 R/W BANKING REGULATION (CO-OPERATIVE

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2 - NC: 2026:KHC:18849 WP No. 6617 of 2024

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HC-KAR

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SOCITIES- 1966)

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REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRI C K MANJUNATH, S/O MR C A KESHAVAMURTHY, AGED ABOUT 62 YEARS,

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MR PRASHANTH SINGH J, AGED ABOUT 35 YEARS, S/O LATE JAIRAJ SINGH, R/A NO.490, 2ND CROSS BHARATH HOUSING SOCIETY LAYOUT, VISHNUVARDHAN ROAD, SUBRAMANYAPURA POST, BENGALURU- 560061.

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MR PUNEETH SINGH J, AGED ABOUT 34 YEARS, S/O LATE JAIRAJ SINGH, R/A NO.490, 2ND CROSS BHARTH HOUSING SOCIETY LAYOUT, VISHNUVARHAN ROAD, SUBRAMANYAPURA POST, BENGALURU- 560061.

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…RESPONDENTS

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(BY SMT. PRASANNA KUMARI.M.G., ADVOCATE FOR R1)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDERS PASSED BY THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY IN CRL.MISC.NO.5336/2023, DTD. 16.02.2024 (ANNX-A).

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

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NC: 2026:KHC:18849 WP No. 6617 of 2024

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HC-KAR

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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payers:

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"(A) QUASH/SET ASIDE the impugned orders passed by the II Additional Chief Metropolitan Magistrate, Bengaluru City, in Crl. Misc.No.5336/2023, dated 16th February, 2024 (ANNEXURE - "А" ).

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(B) Grant such other relief, which this Hon'ble Court deems fit under the facts and circumstance and on question of law, as stated Supra and in the interest of justice."

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The writ petition is of the year 2024. The writ petition is filed against the respondent M/s. Mahaganapathi Soudharda Pattina Sahakara Niyamitha and others, which is a private finance company. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited

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vs. Vishwa Bharati Vidya Mandir & Others , in Civil Appeal

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4 - NC: 2026:KHC:18849 WP No. 6617 of 2024

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HC-KAR

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Nos.257-259 of 2022 , a writ petition against the private financial institution is not maintainable.

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The Co-ordinate Bench of this Court, by order dated

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11.03.2024, granted an interim stay as prayed for in favour of the petitioner.

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Learned counsel for the petitioner submits that the petitioner has an effective alternative remedy before the DRT and seeks liberty to avail the same.

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