IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.4371 OF 2019 (GM-RES) BETWEEN:
MR. ANSAR PASHA S/O. ABDUL NABI SAB AGED ABOUT 35 YEARS PROP: M/S. EXON TOURS & TRAVELS & M/S. ANS TOURS & TRAVELS R/AT. NO.4, BEHIND K.T.C. GODOWN NEAR POULTRY FARM BOMMANAHALLI BENGALURU – 560 068 (BY SRI M.S.NAGARAJA, ADV.,) AND:
1. THE MANAGER ALAHABAD BANK HSR LAYOUT BRANCH # 1237, 5TH MAIN ROAD 7TH SECTOR, HSR LAYOUT BENGALURU – 560 102 2. THE AUTHORIZED OFFICER ALAHABAD BANK ZONAL OFFICE: #N603 ... PETITIONER MANIPAL CENTRE, 47 DICKSON ROAD BENGALURU – 560 042 (BY SRI R.V.NAIK, ADV., FOR R2;
…RESPONDENTS R1 IS SERVED, BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO HANDING OVER THE PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY IN TERMS OF THE NOTICE DTD.10.11.2018 VIDE ANNX-F AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. M.S.Nagaraja, learned advocate for the petitioner submits that the entire loan amount due to respondents-Alahabad Bank has been paid in terms of ‘One Time Settlement’. Therefore, the present writ petition is filed seeking writ of mandamus directing the respondents to hand over the physical possession of the schedule property, in terms of the notice dated 10.11.2018 (Annexure-F) issued by learned counsel for the petitioner. The same is disputed by Sri R.V.Naik, learned counsel for respondent No.2- bank and submits that the entire amount due to the bank is not paid.
2. This Court while considering the disputed facts that arise for consideration, cannot issue writ of mandamus and a mere legal notice issued by the petitioner to the respondent - bank to hand over possession does not amount to decree. In the absence of any decree, this Court cannot issue writ of mandamus as sought for.
3. It is needless to observe that it is always open for the petitioner to file appropriate suit for recovery of the suit schedule property if the entire loan amount is repaid to the respondent – bank by producing oral and documentary evidence.
Accordingly the writ petition is disposed off reserving liberty to the petitioner to approach the appropriate Court for the appropriate reliefs, in accordance with law.
Sd/-
JUDGE HJ