IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4202 OF 2019 (GM-RES) BETWEEN:
SMT. ANASUYA JAYAKRISHNA AGED ABOUT 70 YEARS RESIDING AT #008 SHASHIKIRAN APARTMENTS 18TH CROSS, MALLESWARAM BENGALURU-560 055.
(By Smt. APARNA N, ADV., FOR Mr. RAKESH BHAT, ADV.,) AND:
1. CENTRAL BANK OF INDIA CORPORATE OFFICE AT: CHANDERMUKHI NARIMAN POINT, MUMBAI-400 021 … PETITIONER REP. BY THE MANAGING DIRECTOR AND CEO.
2. THE BANK MANAGER CENTRAL BANK OF INDIA 100/107, JAYAM COMPLEX SAMPIGE ROAD, MALLESWARAM BENGALURU-560 003.
… RESPONDENTS (By Mr. M.S. VINAYAKA, ADV., FOR R1 & R2) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONER BY EXECUTING THE DEED OF DISCHARGE AND HAND OVER ALL THE DOCUMENTS PERTAINING TO THE SCHEDULE PROPERTY UPON THE PETITIONER PRAYING THE OUTSTANDING LOAN AMOUNT AS ON 10.06.2018 WHICH IS THE DEATH OF THE PETITIONER'S MOTHER & ETC..
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Aparna N. for Mr.Rakesh Bhat, learned counsel for the petitioner.
Mr.M.S.Vinayaka, learned counsel for respondent Nos.1 & 2.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue a writ of mandamus or any other writ or order directing the respondents to release the schedule property in favour of the petitioner by executing the deed of discharge and hand over all the documents pertaining to the schedule property upon the petitioner paying the outstanding loan amount as on 10.0.2018 which is the date of death of the petitioner’s mother; and (b) Pass such other order as this Hon’ble Court deems fit in the interest of justice.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is ready and willing to discharge the entire loan amount. It is further submitted that the petitioner would submit a concrete proposal to the competent authority of the respondent-Bank within a period of one week from today, the aforesaid authority be directed to decide the representation by a speaking order. On the other hand, learned counsel for the respondents submits that in case such a representation is made, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty that in case the petitioner files a representation to the competent authority, the same shall be decided by the competent authority within a period of one week from the date of receipt of such representation. Needless to state that in case the petitioner deposits the entire amount and produces the No Objection from the other legal representative who is the nominee, the petitioner shall return the document of title to the petitioner.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS