IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.42623 OF 2018 (GM-RES) & WRIT PETITION NOS.47054-47055 OF 2018 BETWEEN:
ASSOCIATED CONSTRUCTIONS NO.144, 11TH ‘B’ CROSS VIRUPAKSHAPURA, KODIGEHALLI VIDYARANYAPURA POST BANGALORE-560097 REP. BY ITS MANAGING PARTNER MR. K. MUNIKRISHNA (BY SRI. MOHAMMAD NIYAZ S., ADV.) AND 1. THE GENERAL MANAGER PUNJAB NATIONAL BANK H.O 7, BHIKAIJI CAMA PLACE NEW DELHI-577 501.
2. THE SENIOR MANAGER PUNJAB NATIONAL BANK LAL BAGH FORT ROAD MINARVA CIRCLE ... PETITIONER BENGALURU-560 004. ... RESPONDENTS (BY SRI. S R HARISH KUMAR, ADV., FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY FIXED DEPOSIT AMOUNT BEARING A/C NO.4246003100182014 (31182014) 2. 4246003101499722 (311499722), 3. 424600PR00003841 (31181015) TOTAL FOR RS.36,75,000/- (RUPEES THIRTY SIX LAKH SEVENTY FIVE THOUSAND ONLY) INCLUDING INTEREST AT THE RATE OF 18%; AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Mohammad Niyaz S., learned counsel for petitioner.
Sri. S. R. Harish Kumar, learned counsel for respondent No.2.
2. In these petitions, the petitioner inter alia has prayed for the following relief:
(a) Issue a writ in the nature of mandamus/direction or any other appropriate writ, order of direction directing the respondents to pay fixed deposit amount bearing A/c No.
1. 4246003100182014 (31182014) 2. 4246003101499722 (311499722), 3. 424600PR00003841 (31181015) total for Rs.36,75,000/- (Rupees Thirty Six Lakh Seventy Five Thousand only) including interest at the rate of 18%;
(b) to release of 17 immovable properties given as collateral security for bank guarantee bearing No. 1/92-93 (ILG192) and 2/92-93 (ILG292).
(c) permit the petitioner to operate / withdraw the amount in their current Account No. 4246002100905726.
3. When the matter was taken up today, when a query was put to learned counsel for the petitioner whether he has availed the remedy available to him to approach the banking ombudsman with regard to his grievance, learned counsel for the petitioner submitted that he shall avail of the aforesaid remedy.
4. In view of the aforesaid submissions and in the facts of the case, these petitions are disposed of with liberty to the petitioner that in case the petitioner files a complaint before the banking ombudsman, the banking ombudsman shall decide the complaint submitted by the petitioner after giving an opportunity of hearing to all necessary parties by a speaking order within a period of two months from the date of filing of such complaint.
Accordingly, the writ petitions are disposed of.
Sd/-
JUDGE RD