IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.15699-15702 OF 2019 (GM-RES) BETWEEN:
1. M/S BHUSHAN SILK HOUSE (BORROWER), LANE NO.40/1, SATHYASHREE BUILDING, BASAVANNA LANE, AVENUE ROAD CROSS, BANGALORE – 560 002.
REP BY D.S.SRIDEVI, PROPRIETOR.
2. MRS.D.S.SRIDEVI, (1ST CO-BORROWER & MORTGAGER) AGE 43, NO.40/1, SATHYASHREE BUILDING, BASAVANNA LANE, AVENUE ROAD CROSS, BANGALORE – 560 002.
3. SRI D.N.SRINIVAS (2ND CO-BORROWER), AGE 48, NO.40/1, SATHYASHREE BUILDING, BASAVANNA LANE, AVENUE ROAD CROSS, BANGALORE – 560 002.
4. SRI D.S.NAGABHUSHAN, AGED ABOUT 79 YEARS, ALSO ALL ARE RESIDING AT: OLD NO.6 & 7, NEW NO.6, PID NO.57-139-6, 2ND MAIN ROAD, WARD NO.57, 3RD PHASE, J P NAGAR, BANGALORE – 560078.
… PETITIONERS (BY MR.M.A.RAJENDRA, ADV.) AND:
THE AUTHORISED OFFICER, YES BANK LTD, GROUND FLOOR, PRESTIGE OBELISK, MUNICIPAL NO.3, KASTURBA ROAD, BANGALORE – 560 001.
… RESPONDENT (BY MR.AMIT DESHPANDE & MR.SURESH.V, ADVs.) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE REPAYMENT SCHEDULE AS MENTIONED IN PARA 22 SUPRA INSTEAD OF CANCELLING THE OTS BENEFITS WHICH IS ALREADY SANCTIONED/COMMUNICATED VIDE IMPUGNED LETTER/SANCTION OTS VIDE LETTER DT.26.3.2019 ANNEXURE-A BY DIRECTING ISSUING “MANDAMUS” TO THE RESPONDENT BANK TO COLLECT INTEREST FOR THE BELATED PERIOD, AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.A.Rajendra, learned counsel for the petitioners.
Mr.Amit Deshpande for Mr.Suresh V., learned counsel for the respondent.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In compliance of the order dated 16.04.2019, the petitioner has handed over a Demand Draft worth Rs.61,643/- on account of the interest on delayed payment under the One Time Settlement scheme to the learned counsel for the respondent-Bank. He undertakes to pay the balance amount of Rs.44,000/- within a period of one week from today.
In view of the aforesaid payment made by the petitioner, the dispute between the parties has been amicably resolved. Accordingly, the petition is disposed of. The respondent-Bank shall hand over the documents of the title to the property pertaining to the petitioner within a period of three weeks from the date of receipt of certified copy of the order passed today.
Accordingly, the petitions are disposed of Sd/- JUDGE SS