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 NO.56688/2018 (GM-DRT) BETWEEN:
SMT B G ASHARANI W/O DR N R MUNIRATHNAM AGED ABOUT 51 YEARS R/AT NO.117, ASHOK ENCLAVE ECIL POST, HYDERABAD-500 762.
(By Mr. M.M. SWAMY, ADV.) AND:
1. CANARA BANK MANAGEMENT BRANCH ARM BRANCH-II M G ROAD, BENGALURU-560 001 REP. BY ITS AUTHORIZED OFFICER.
2. THE RECOVERY OFFICER -I DEBTS RECOVERY TRIBUNAL NO.4, JEEVAN MANGAL BUILDING RESIDENCY ROAD BENGALURU-560 025.
3. M/S S G R TRADERS (INTERNATIONAL) REP. BY ITS PROPRIETOR SRI M N GANGARAM S/O LATE N MALLAIAH AGED ABOUT 80 YEARS BHAGYALAKSHMI TIMBER DEPOT NO.85, 3RD CROSS, N T Y LAYOUT.
4. SMT V NAGARATHNAMMA W/O SRI M N GANGARAM … PETITIONER AGED ABOUT 66 YEARS NO.999, 67-A CROSS 18TH MAIN, 5TH BLOCK RAJAJINAGAR, BENGALURU-560 010.
5. SRI B G MAHESH KUMAR S/O SRI M N GANGARAM AGED ABOUT 49 YEARS NO.999, 67-A CROSS, 18THMAIN 5TH BLOCK, RJAJAINAGAR BENGALURU-560 010.
… RESPONDENTS (By Mr. B.C. GURU, ADV., FOR R1 R2, R4, & R5 SERVED AND UNREPRESENTED V/O DATED 18/01/2019 NOTICE TO R3 IS DISPENSED WITH) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DTD:30.11.2018 PASSED BY THE R-2 VIDE ANNEXURE-F IN SO FAR AS PETITIONERS SCHEDULE'A' PROPERTY IS CONCERNED. GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF THE NOTICE DTD:30.11.2018 PASSED BY THE R-2 VIDE ANNEXURE-F IN SO FAR AS PETITIONERS SCHEDULE'A' PROPERTY IS CONCERNED PENDING DISPOSAL OF THE ABOVE SAID W.P. & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.M.M.Swamy, learned counsel for the petitioner. None for the respondents.
2. In this petition, the petitioner has prayed for the following reliefs:
a) Issue a writ or order or direction in the nature of Certiorari and quash the Notice dated 30-11- 2018 bearing No.RC No.5418 OA No.302/2007 passed by the respondent No.2 vide Annexure-‘F’ in so far as petitioner’s schedule ‘A’ Property is concerned.
b) Further be pleased to grant any other relief or relief’s that this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that an amount of Rs.1,16,18,110/- is due to the respondent- Bank. A Demand Draft to the tune of Rs.30,00,000/- has been handed over to the learned counsel for the respondent-Bank today before this Court. It is further submitted that a further sum of Rs.30,00,000/- will be paid within a period on or before 30.04.2019 and thereafter the remaining amount towards full and final settlement towards the claim of the respondent-Bank shall be paid on or before 30.06.2019. The aforesaid submission is accepted by the learned counsel for the respondent bank.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of. Needless to state that in case of default of any of the terms and conditions in this order, it will be open to the respondent-Bank to proceed forthwith against the petitioner in accordance with law.
6. At this stage, learned counsel for the petitioner submitted that the belongings which have been left in the premises, which have been locked by the Recovery officer of the Debt Recovery Tribunal, in view of the aforesaid submission and taking into account the fact that the petitioner has made a payment of Rs.30,0,000/- today, it is directed that the premises shall be opened in the presence of the Recovery Officer and the belongings of the petitioner shall be handed over to him within a period of one week from today by drawing a mahazar.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS