IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.31088-089 OF 2019 (GM-RES) BETWEEN:
1. M/S BALAJI INFRABUILD PVT LTD REG OFFICE AT 73, SUPER BUNGALOWS, OPPOSITE SCIENCE CITY SOLA, AHMADABAD 380060 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE NELLOR GOPALAKRISHNA JAYARAM PHONE NO-91 6371225294 2. SRI.NELLORE ASHWIN JAI S/O NELLORE GOPALAKRISHNA JAYARAM, AGED ABOUT 31 YEARS R/AT COLIVE ALPHA #169, OPPOSITE TO SUNSHINE PG, GREEN GLEN LAYOUT, BELLANDUR, BENGALURU, KARNATAKA-560 103 PHONE NO.9601033491 (BY SRI.ABHISHEK M R, ADV.) AND:
1. THE AUTHORIZED OFFICER ICICI BANK LTD 2ND FLOOR, HERITAGE CHAMBERS, NR AZAD SOCIETY CROSS ROAD, NEHRUNAGAR, AHMEDABAD-380015 2. THE AUTHORISED OFFICER ICICI BANK LTD.
MYSTREE TOWERS, NO.4/10, 1ST FLOOR, WEST WING, BOMMANAHALLI, HOSUR ROAD, … PETITIONERS BANGALORE-560 068 IFSC CODE:ICIC0000583 (BY SRI.JAI M PATIL, ADV. FOR R1 & R2) … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK TO CONSIDER THE SETTLEMENT LETTER DTD.21.01.2017 (ANNX-D) ISSUED BY IT AS FULL AND FINAL SETTLEMENT AND RELEASE THE ORIGINAL SCHEDULE PROPERTY TITLE DOCUMENTS BY CANCELLING THE MORTGAGE CHARGE ON THE SCHEDULE PROPERTY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Abhishek M.R., Learned counsel for the petitioner.
Smt.Jai M. Patil, learned counsel for the respondent Nos.1 and 2.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners prayed for the following reliefs:
(a) Issue any such order writ or order or direction in the nature of mandamus directing the respondent bank to consider the Settlement Letter dated 21.01.2017 (Annexure- D) issued by it as full and final settlement and release the original schedule property title documents by canceling the mortgage charge on the schedule property.
(b) Issue such any order writ or order or direction in the nature of mandamus directing the respondent Bank not to take any further coercive actions whatsoever with respect of the schedule property until disposal of this petition.
(c) Pass such other orders as this Hon’ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity.
4. When the matters were taken up today, learned counsel for the petitioners submitted that their application dated 21.01.2017 for settlement of the loan account under the ‘One Time Settlement’ Scheme may be considered. On the other hand, learned counsel for the respondent fairly submitted that the same shall be decided in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction that to the competent authority to decide the application of the petitioner under ‘One Time Settlement’ scheme, if not already decided by a speaking order within a period of two weeks from the date of receipt of certified copy of the order passed today. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS