IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8836 OF 2018 (GM-RES) BETWEEN:
MR. ABBOBACKER SIDDIQUE S/O LATE MUNEER AHMED AGED ABOUT 40 YEARS NO.259, 2ND STAGE GOKULAM EXTENSION DEVARAJA MOHALLA MYSURU.
(BY SRI.N. SURESHA, ADVOCATE) AND:
… PETITIONER 1. THE ARCIL UNIT NO.305, 3RD FLOOR KEDIA ARCADE, #92, INFANTRY ROAD BANGALORE – 560 001.
REPRESENTED BY AUTHORIZED OFFICER.
2. MR. MUNEER AHMED SINCE DECEASED REPRESENTED BY HIS LR’S 2(a) MR. UMAR FAROOQ S/O MUNEER AHMED AGED ABOUT 45 YEARS 2(b) MR. MOHAMMED HANIF S/O MUNEER AHMED AGED ABOUT 36 YEARS 2(c) MR. MOHSIN AHMED S/O MUNEER AHMED MAJOR AGED ABOUT YEARS THE RESPONDENTS 2(A) TO 2(C) ARE RESIDING AT NO.349 7TH CROSS, “C” LAYOUT BANNIMANTAP, MANDI MOHALLA MYSORE – 570 015.
… RESPONDENTS (BY SRI. FRANCIS XAVIER, ADV FOR R1 V/O DTD. 13/07/18 NO NOTICE ORDERED IN R/O R2(A) T0 (C)) THIS WRIT PETITION IS FILED UNDER ARTICLED 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO REGULARIZE THE LOAN ACCOUNT VIDE ANNX-A AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.N.Suresha, learned counsel for the petitioner.
Sri.Francis Xavier, learned counsel for respondent No.1.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner seeks a direction:
(a) to issue writ of mandamus directing the respondent – Bank to regularize the loan account as per Annexure-A.
(b) to award the costs of this petition (c) to pass such other order or orders, as this Hon’ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity.
3. When the matter was taken up today, learned counsel for the petitioner has submitted that the property of the petitioner has already been sold in an auction and the sales certificate has been issued.
5. In view of the aforesaid submission, the learned counsel for the petitioner submits that the writ petition be disposed of with liberty to the petitioner to approach the Debt Recovery Tribunal by filing an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 within a period of four weeks from the date of receipt of certified copy of the order passed today.
4. Accordingly, petition is disposed of with liberty as aforesaid.
Sd/- JUDGE GH