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2025 Supreme(Online)(Kar) 437956

THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
K N GURURAJ – Appellant
Versus
ASSISTANT COMMISSIONER – Respondent
WP 19930/2025



HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO.19440 OF 2025 (GM-RES)

C/W

WRIT PETITION NO.19930 OF 2025 (GM-RES)

IN WP No. 19440/2025

BETWEEN:

1. SMT. K. RAGINI GURURAJ

W/O SRI K N GURURAJ,

AGED ABOUT 66 YEARS,

RESIDING AT NO.71/1,

N.A.T.STREET,

BASAVANAGUDI,

BENGALURU - 560004.

…PETITIONER

Digitally signed by (BY SRI. RAMESH CHANDRA, ADVOCATE)

ARUNKUMAR M S

Location: HIGH

AND:

COURT OF

KARNATAKA

1. ASSISTANT COMMISSIONER

OFFICE OF THE SPECIAL OFFICER AND

COMPETENT AUTHORITY,

3RD AND 4TH FLOOR,

PODIUM BLOCK,

V V TOWER,

DR AMBEDKAR VEEDHI BENGALURU - 560001.

HC-KAR

2. SRI. VASISTA CREDIT SOUHARDA SAHAKARI LTD., NO 1, 1ST FLOOR, SRI RAMANJANEYA ROAD, HANUMANTHANAGAR, BENGALURU - 560019 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

…RESPONDENTS (BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1;

R2 SERVICE OF NOTICE DISPENSED WITH V/O DATED

02.09.2025)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AT ANNEXURE-A DATED 20-01-2025 NO.SPLOCA/CLAIM/P-GRIV/35/2024-25 ISSUED BY THE COMPETENT AUTHORITY (RESPONDENT NO.1), REJECTING THE PETITIONERS CLAIMB) DIRECT THE RESPONDENT NO.1 TO RECONSIDER THE PETITIONERS CLAIM IN ACCORDANCE WITH LAW.

IN WP NO. 19930/2025 BETWEEN:

1. K N GURURAJ S/O K S NARAYANA RAO AGED ABOUT 75 YEARS, RESIDING AT NO.71/1, N A T STREET, BASAVANAGUDI BENGALURU-560004 ...PETITIONER (BY SRI. RAMESH CHANDRA, ADVOCATE)

HC-KAR AND:

1. ASSISTANT COMMISSIONER OFFICE OF THE SPECIAL OFFICER AND COMPETENT AUTHORITY, 3RD AND 4TH FLOOR, PODIUM BLOCK V V TOWER, DR AMBEDKAR VEEDHI BENGALURU-560001.

2. SRI VASISTA CREDIT SOUHARDA SAHAKARI LTD NO.1, 1ST FLOOR, SRI RAMANJANEYA ROAD, HANUMANTHANAGAR, BENGALURU-560019 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

...RESPONDENTS (BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1;

R2 SERVICE OF NOTICE DISPENSED WITH V/O DATED

02.09.2025)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AT ANNEXURE-A DATED 19-02-2025 NO.SPLOCA/CLAIM/P-GRIV/35/2024-25 ISSUED BY THE COMPETENT AUTHORITY (RESPONDENT NO.1), REJECTING THE PETITIONERS CLAIM.

HC-KAR THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In W.P.No.19440 of 2025 petitioner is assailing the Endorsement dated 20.01.2025 (Annexure-A) and in W.P.No.19930 of 2025, the petitioner is assailing Endorsement dated 19.02.2025 (Annexure-A).

2. Heard the learned counsel appearing for the parties.

3. Having heard the learned counsel appearing for the parties, the learned counsel for the petitioners has brought to the notice of this Court, regarding certain document which is required to be verified by the competent authority, under the Karnataka Protection of Interest of Depositors in Financial HC-KAR Establishments Act, 2004. In that view of the matter, without expressing any opinion on the merits of the case, the impugned Endorsements dated 20.01.2025 and 19.02.2025 (Annexure-A) in both the writ petitions are hereby quashed and matters are remitted to the respondent No.1-competent authority to consider the document, which has been handed over to the learned counsel for the respondent No.1 in these writ petitions, and take decision in the matters within an outer limit of one month from the date of receipt of certified copy of this order. Accordingly, the writ petitions are disposed of SD/-

(E.S.INDIRESH)

JUDGE SB List No.: 1 Sl No.: 58

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