Karnataka High Court
Mr. Nagaraja vs Jana Small Finance Bank Limited on 17 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:10867
WP No. 2639 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 2639 OF 2025 (GM-RES)
BETWEEN:
1. MR. NAGARAJA,
S/O ANNAIAH
AGED ABOUT 57 YEARS,
R/AT NO.67/1, KALLAPURA,
KUNCHENAHALLI, SHIVAMOGGA,
KARNATAKA - 577 225.
2. MRS. LILA R,
W/O NAGARAJA,
AGED ABOUT 41 YEARS,
R/AT NO.67/1, KALLAPURA,
KUNCHENAHALLI, SHIVAMOGGA
KARNATAKA - 577 225.
...PETITIONERS
Digitally signed
by NAGAVENI (BY SMT. AKSHAYA B.M., ADVOCATE)
Location: High
Court of
Karnataka AND:
1. JANA SMALL FINANCE BANK LIMITED,
FORMERLY KNOWN AS
M/S. JANALAKSHMI FINANCIAL
SERVICES PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT
THE FAIRWAY, GROUND AND FIRST FLOOR,
OFF DOMLUR, KORAMANGALA INNER RING ROAD,
NEXT TO EGL BUSINESS PARK,
CHALLAGHATA, BENGALURU - 560 095.
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NC: 2025:KHC:10867
WP No. 2639 of 2025
AND BRANCH OFFICE AT 2ND FLOOR,
NO.880, SS COMPLEX, 343/342/344,
B.H. ROAD, LASKAR MOHALLA,
KR PURAM, SHIVAMOGGA,
KARNATAKA - 577 202.
REPRESENTED BY ITS AUTHORISED OFFICER
MR. BABU SREEJITH
S/O MR. C.V. MUKUNDAN,
AGED ABOUT 48 YEARS.
...RESPONDENT
(BY SRI. V. SURESH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT
OF CERTIORARI SETTING ASIDE THE IMPUGNED JUDGMENT
AND ORDER DATED 06.12.2024 PASSED BY THE LEARNED
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA IN
CRL. MISC. 186 OF 2024 VIDE ANNEXURE- A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court, seeking the
following prayers:
"A. Issue a Writ of Certiorari setting aside the
Impugned Judgment and Order dated 06.12.2024
passed by the Learned Principal Senior Civil Judge
and CJM, Shivamogga in Crl.Misc. 186 of 2024 vide
Annexure-A and
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B. Issue a Writ of Mandamus directing the Respondent
Bank to positively consider the Petitioner's
application for settlement of dues.
C. Pass such other order/s as this Hon'ble Court
deems fit based on the facts and circumstances of
the case, in the interest of justice and equity."
2. Heard Smt. Akshaya B.M., learned counsel
appearing for the petitioners, Sri. V. Suresh, learned counsel
appearing for the respondent and have perused the material on
record.
3. This Court, on 03.03.2025, had passed the
following order:
Learned counsel Sri.D.Narayanaswamy, is directed
to accept notice for the respondent.
Learned counsel appearing for the petitioners is
directed to serve a copy of the petition papers upon the
aforesaid learned counsel, forthwith.
This Court, on 31.01.2025 had passed the
following order:
"Issue notice to the respondent.
Learned counsel for the petitioner submits
that the petitioner has borrowed a sum of
Rs.3,00,000/- from the respondent - Financial
Institution to tide over his immediate needs and
for the medical attention that was required for
their son who has consumed pesticides. The
respondents have proceeded to approach the
jurisdictional Magistrate under Section 14 of the
NC: 2025:KHC:10867
SARFAESI Act to take possession of the residential
premises of the petitioner.
There shall be ad-interim order of stay of
the impugned order at Annexure-A in
Crl.Misc.No.186/2024 on the file of the Prl. Sr.
Civil Judge and CJM, Shivamogga and all further
proceedings thereto, till the next date of hearing,
subject to the petitioner depositing Rs.40,000/-
with the respondent - financial institution, within a
period of four weeks from today.
Re-list this matter on 03.03.2025.
In the meanwhile, office objections shall be
complied with."
The loan borrowed by the petitioner, a daily wager
is Rs.3,00,000/-. This Court had directed deposit of
Rs.40,000/-.
The learned counsel for the petitioners submits
that the said order has been complied with. He would
further submit that the possession of the house of the
petitioner has been taken by the respondent - Bank on
the score that the amount in due had not been paid.
In the light of the compliance with the order dated
31.01.2025, the Bank shall restore possession of the
petitioner, who is said to be a daily wager, by the next
date of hearing.
List this matter on 10.03.2025, in the fresh
matters list."
4. Learned counsel appearing for the petitioners
submits that the interim order has been complied with with
payment as directed by this Court on 03.03.2025.
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5. Learned counsel appearing for the respondent
admits such payment.
6. In the light of loan itself being of Rs.3.00 lakhs,
learned counsel appearing for the petitioners further
undertakes to pay the equal monthly installments without any
default in future.
7. In that light, I deem it appropriate to dispose the
petition reserving liberty to the petitioners to avail of such
remedy as available in law and the Bank at the appropriate
time.
With the aforesaid observations, the petition stands
disposed.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
CT: BHK
