IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs. 9687-9689 OF 2017 (GM-RES) BETWEEN:
1. ARSHAD ISPAT PARTNERSHIP FIRM II CROSS, KHAN BUILDING COLLEGE ROAD VIJAYANAGAR COLLEGE ROAD HOSPET- 583 201 2. MOHAMED ASGHAR KHAN SON OF SRI AKTHAR KHAN AGED ABOUT 43 YEARS II CROSS, KHAN BUILDING COLLEGE ROAD VIJAYANAGAR COLLEGE ROAD HOSPET- 583 201 3. SMT RUKSANA KHAN W/O SRI K MOHAMED ASGHAR KHAN AGED ABOUT II CROSS, KHAN BUILDING COLLEGE ROAD VIJAYANAGAR COLLEGE ROAD HOSPET- 583 201 … PETITIONERS (BY SRI. X M JOSEPH, ADV.- ABSENT) AND:
1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2. STATE LEVEL BANKERS COMMITTEE- KARNATAKA 5TH FLOOR, CORPORATE OFFICE GANDHINAGAR BANGALORE- 560 009 REPRESENTED BY ITS CONVENER 3. CORPORATION BANK CORPORATE OFFICE MANGALADEVI TEMPLE ROAD, PANDESHWAR MANGALORE- 575 001 BY ITS MANAGING DIRECTOR 4. THE MANAGER & AUTHORISED OFFICER CORPORATION BANK SRI SAI DHAM COMPLEX 1ST FLOOR, NEAR MAHADESHWARA TEMPLE DAM ROAD, HOSPET- 583 201 5. SMT.SUNITHA SINGH W/O LATE MURALIDHAR SINGH AGED ABOUT 45 YEARS NO.366, BASAVESHWARA BADAVANE HOSPET- 583 201 ALSO AT BEHIND HOYSALA HOTEL SHESHADRIPURAM BANGALORE-560 002. … RESPONDENTS (BY SRI. Y D HARSHA, AGA FOR R1 SRI RADHESH PRABHU, ADV. FOR R-2 SRI V B RAVISHANKAR, ADV. FOR R3 & R4- ABSENT R-5 SERVED AND UNREPRESENTED) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 AND 4 TO CONSIDER THE PETITIONER’S “COMPROMISE ONE TIME SETTLEMENT” OFFER MADE VIDE ANNEXURE-B, DTD: 12.01.2016.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appears for the petitioners. Sri Y D Harsha, Additional Government Advocate for respondent No.1. Sri K Radhesh Prabhu, Advocate for respondent No.2.
2. In these petitions, the petitioners interalia has prayed for the following reliefs:
A) Direct the respondent No.3 and 4 to consider the Petitioners’ “Compromise One Time Settlement” offer made vide ANNEXURE-B dated 12.01.2016.
B) Direct the respondent No.3 and 4, members of the respondent No.2-State Level Bankers Committee-Karnataka to defer recovery action against petitioners in the light of respondent No.2-State Level Bankers Committee-Karnataka’s letter-cum directions vide ANNEXURE-K-3 dated 20.09.2016 and ANNEXURE-K-4 dated 29.09.2016.
C) Direct the Government of Karnataka- Respondents No.1 to expedite the consideration pending vide Annexure-K, Annexure-K-1 and Annexure-K-2, dated 04- 03-2015, 29-06-2015 and 04-01-2016 respectively for grant of reliefs in respect of loans in iron ore based sectors and extend such benefit to the loans of Petitioners No.1 to 3 given by respondent Corporation Bank.
D) Set aside the auction sale made in favour of respondent No.5 vide Annexure-G dated 24-08-2016 under valuing and underselling the writ petition schedule property.
E) Issue any other order/direction as deem fit and proper in the circumstances of the present case and to allow this writ petition with costs.
3. When the matter was taken up today, learned counsel for second respondent submitted that the controversy involved in the instant Writ Petitions are squarely covered by an order of this Court dated 29.01.2019 passed in Writ Petition Nos.33885- 33888/2016 and connected matters.
4. In view of aforesaid submission and for the reasons assigned by this Court in the aforesaid Writ Petitions, petitions are disposed of on same terms and with similar directions.
Sd/- JUDGE Brn