IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30938/2019 (GM-RES) BETWEEN:
1. C.JAGADEESH AGED ABOUT 56 YEARS S/O. LATE CHANDRACHAR 2. SMT.VANI JAGADEESH AGED ABOUT 55 YEARS W/O. C.JAGADEESH BOTH ARE R/AT NO.29 5TH MAIN, MARUTHI NAGAR ATTIGUPPE, NEAR CHANDRA LAYOUT BENGALURU- 560 072 … PETITIONERS (BY SRI CHIDAMBARA.G.S, ADVOCATE) AND:
1. THE CORPORATION BANK SARAKKI BRANCH NO.57, 1ST MAIN ROAD, 3RD PHASE SARAKKI INDUSTRIAL AREA BENGALURU- 560 078 REPRESENTED BY ITS MANAGER 2. THE AUTHORISED OFFICER CORPORATION BANK SARAKKI BRANCH NO.57, 1ST MAIN ROAD, 3RD PHASE SARAKKI INDUSTRIAL AREA BENGALURU- 560 078 3. ANEESHA.K.
W/O. TEJO MURTHY K.
R/AT MIG-II-257, 9TH PHASE KAIB COLONY HYDERABAD- 500 004 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.1 TO ACCEPT THE DEMAND DRAFT BEARING NO.422285 DATED 06.06.2019 DRAWN IN FAVOUR OF RESPONDENT NO.1 IN FULL AND FINAL SETTLEMENT OF THE ENTIRE OUTSTANDING LOAN AMOUNT ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Chidambara.G.S. learned Counsel for the petitioners.
2. Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
3. The petition is admitted for hearing. With the consent of learned Counsel for the petitioners, the same is heard finally.
4. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek for the following reliefs:
a) Issue appropriate writ or writs directing the respondent No.1 to accept the demand draft dated 06.06.2019 bearing No.422285, drawn in favour of 1st respondent, vide, annexure-C in full and final settlement of the entire outstanding loan amount or in the alternative, directing the respondent No.1. to consider the representation dated 15.07.2019, vide Annexure-G submitted by the petitioners; and b) Issue appropriate writ or writs directing the respondent Nos.1 and 2 not to confirm the sale of the schedule property in favour of 3rd respondent pursuant to e-auction dated 10.01.2019 pursuant to Annexure-F bearing No.Nil dated Nil.
5. When the matter was taken up today, learned Counsel for the petitioners submits that the petitioners have paid the outstanding amount in respect of sale consideration of the said property by way of demand draft to the Bank and the competent authority may be directed to consider the case of the petitioners by a speaking order within the fixed time limit.
6. In view of the submission made and in the facts of the case, the petition is disposed of with a direction to the competent authority to consider the case of the petitioners by a speaking order within a period of one week from the date of receipt of a 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 writ petition is disposed of.
Sd/- JUDGE KSR