IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 2744 OF 2022 (GM-CPC)

BETWEEN:

THE KARNATAKA BANK LTD BANKING COMPANY REGISTERED UNDER COMPANIES ACT 1913 HAVING ITS REGISTERED OFFICE AT MAHAVEERA CIRCLE MANGALURU AND A BRANCH OFFICE AMONGST OTHER PLACES AT KODIALBAIL MANGALURU REPRESENTED BY ITS CHIEF MANAGER KODIALBAIL BRANCH MANGALURU 575003.

…PETITIONER (BY SRI. K V SHYAMAPRASADA, ADVOCATE)

AND:

M/S DURGAMBA TRAVELS BY PROPRIETOR MR. VINAY RANJAN B.K AGED ABOUT 52 YEARS S/O KORGE B DR. AMBEDKAR BHAVAN K.S. RAO ROAD, MANGALURU 575003 PRESENTLY AT MR. VINAY RANJAN B.K S/O KORGE B AGED ABOUT 52 YEARS RESIDING AT NO. B-15-16/860(5)

HARIKRUPA COMPOUND MANGALORE 575003.

…RESPONDENT (BY SRI. VIJAY KASHYAP S., ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION BY QUASHING THE ORDER PASSED BY THE HONBLE FIRST ADDL. DISTRICT JUDGE AND COMMERCIAL COURT, D.K., MANGALURU DATED 30.09.2021 PASSED IN I.A.NO.7 FILED IN COM.O.S.NO.17/2021 ANNEXURE-E HEREIN AND SEEKING TO ALLOW THE IA NO.7 ANNEXURE-C AND ETC., THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 11.09.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

1. This writ petition is filed seeking to quash the order dated 30.09.2021 passed in I.A.No.VII filed in Com.O.S.No.17/2021 on the file of the First Addl. District Judge and Commercial Court, D.K., Mangaluru (‘the Commercial Court’ for short).

2. The petitioner herein is the plaintiff before the Commercial Court and the respondents herein are the defendants before the Commercial Court. 3. The brief facts of the case are that:-

The second respondent-Mr.Vinay Ranjan B.K., who is running a transport business as a sole proprietor under the name and style of M/s Durgamba Travels, availed an overdraft facility of Rs.3,50,000/- under Loan Account No.4767000600013101 and a term loan of Rs.2,50,000/- under Loan Account No.47670001800054801 dated 14.02.2014 for the purpose of transportation business. In this regard, the respondents executed necessary loan documents in favour of the petitioner-Bank on 17.12.2014 and 16.02.2015 respectively and acknowledged their liability in writing on 11.10.2017.

4. The respondents, failed to repay the loan amounts in terms of the loan documents. Hence, the said loan was classified as Non-Performing Asset (NPA) on 15.04.2016. As on 05.01.2021, the respondents were due a sum of Rs.6,57,869/- in respect of the overdraft facility with further interest at 9.9% from 01.11.2020 and Rs.3,34,918/- in respect of the term loan with further interest at 9.9% from 17.11.2020, aggregating to Rs.9,92,787/-. Consequently, the petitioner instituted Commercial O.S.No.17/2021 before the Commercial Court, Mangaluru, Dakshina Kannada for recovery of the said sum with further interest and costs.

5. The respondents entered appearance in the said suit and admitted the availing of the overdraft facility of Rs.3,50,000/- as well as the term loan of Rs.2,50,000/-, but denied execution of the acknowledgment dated 11.10.2017 and also disputed the correctness of the outstanding amount of Rs.9,92,787/-. They further contended that on account of ill-health they were unable to repay the dues, which fact had been informed to the petitioner-Bank.

6. On 03.09.2021, the petitioner filed four additional documents along with an application under Order XI Rule 5 of the Commercial Courts Act, supported by an affidavit setting forth the circumstances under which such documents were required to establish the claim. The respondents filed their objections contending that the said documents were concocted and that the petitioner had already produced all the documents at the time of filing of the case, thereby denying the averments contained in the petitioner’s affidavi