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.29319 OF 2017 (GM-RES) BETWEEN:
B R AKBAR S/O H.S. ABDUL RASHID AGED ABOUT 39 YEARS R/AT NO.90, 4TH CROSS, 36TH MAIN DOLLAR’S SCHEME, BTM LAYOUT BENGALURU-560 068.
(By Mr. SRINIVAS V, ADV.) AND:
… PETITIONER 1. THE MALLESHWARAM CO-OPERATIVE BANK LTD., NO.102, 7TH CROSS, MALLESHWARAM BANGALORE-560 003 REP. BY ITS MANAGER/AUTHORISED OFFICER.
2. DR. MAHESH KUMAR SAHU S/O LATE KAILASH CHANDRA SAHU AGED ABOUT 64 YEARS.
3. DRI. ISMATH AFSHAN W/O DRI. MAHESH KUMAR SAHU AGED ABOUT 60 YEARS.
BOTH ARE R/AT NO.90 4TH CROSS, 36TH MAIN DOLLAR'S SCHEME, BTM LAYOUT BENGALURU-560068.
… RESPONDENTS (By Mr. K.V. LOKESH, ADV., FOR R1 R2 AND R3 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 29.6.2017 ISSUED BY RESPONDENT BANK VIDE ANNEX-D TO THE W.P. GRANT AN EX-PARTE AD-INTERIM ORDER TO STAY OF ALL FURTHER PROCEEDINGS PURSUANT TO THE NOTICE DATED 29.6.2017 ISSUED BY RESPONDENT BANK VIDE ANNEX-D TO W.P. & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Srinivas V., learned counsel for the petitioner. Mr.K.V.Lokesh, learned counsel for respondent No.1.
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 certiorari or any other wit of like nature and quash the notice dated 29.06.2017 issued by respondent Bank vide Annexure-D to the writ petition and (b) Grant any other remedy that this Hon’ble Court be pleased to grant in the facts and circumstances of the case.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is ready and willing to vacate the premises on or before 30.05.2019 and shall hand over the possession of the premises in question to the Bank. The aforesaid prayer has not been opposed by respondent No.1-Bank.
5. In view of the aforesaid submissions, learned counsel for the petitioner is directed to furnish an undertaking before the Registrar of this Court that on or before 31.05.2019, he shall hand over the possession to the authority of respondent No.1-Bank, which may be authorized by the Bank for this purpose in a peaceful manner without creating any hindrance. If the petitioner files an undertaking within a period of one week from the receipt of the certified copy of the order passed today, he shall be allowed to occupy the accommodation till 31.05.2019.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS