IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22364 OF 2017 (GM-RES) BETWEEN:
1. C V VISHWANATH S/O LATE VEERAPPA, AGED 55 YEARS, GUDAGALALE VILLAGE, HANDLI POST, SHANIVARA SANTHE, SOMAWARPET TALUK-571235.
2. G M KANTHARAJ S/O.LATE MALLAIAH, AGED 63 YEARS, R/O. NO.4, GUDAGALALE VILLAGE, SHANIVARA SANTHE, SOMAWARPET TALUK-571235.
3. S B NANJAPPA S/O LATE BASAPPA, AGED ABOUT 69 YEARS, SHIRANGALA VILLAGE, HANDLI POST, SHANIVARA SANTHE, SOMAWARPET TALUK-571235.
4. S MAHESH S/O.LATE SHIVANNA, AGED 42 YEARS, R/O.RANGERS BLOCK, SOMAWARPET TALUK-571236.
5. D B DHARMAPPA AGED ABOUT 43 YEARS S/O LATE BASAPPA, DODDALLI VILLAGE, NIDTHA POST, SHANIVARA SANTHE, SOMAWARPET TALUK-571235.
6. A N PRAVEEN S/O.A.V.NEELAKANTAPPA, AGED 48 YEARS, R/O.MASAGODU VILLAGE & POST, SOMWARPET-571236.
7. H S SOMASHEKAR S/O.LATE SHIVAPPA, AGED 42 YEARS, R/O.HULSE VILLAGE, MUDARAVALLI POST, SHANIVAR SANTHE, SOMWARPET TALUK-571235.
8. T S SHASHIDHARA S/O.LATE S.N.SOMAPPA, AGED 52 YEARS, R/O.BASAVESHWARA ROAD, SOMAWARPET TALUK-571230.
(By Mr. AMRUTHESH N P, ADV.) AND:
1. THE MANAGING DIRECTOR KARNATAKA BANK LTD., HEAD OFFICE MAHAVEERA CIRCLE, KANKANADI, MANGALORE-575002.
2. KARNATAKA BANK LTD SOMAWARPET BRANCH, SBM ROD, SOMWARPET-571236, KODAGU DISTRICT. REP. BY ITS MANAGER.
3. M/S ASSETS RECONSTRUCTION COMPANY (L) LTD.
REGISTERED OFFICE AT:THE RUBY, 10TH FLOOR, NO.29, … PETITIONERS SENAPATI BAPAT MARG, DADAR (W), MUMBAI-400028. REPRESENTED BY ITS MANAGING DIRECTOR.
4. M/S SOMAWARPET TALUK VEERASHAIVA SAMAJA® KARKALLY BELUR ROAD, SOMWARPET, KODAGU DISTRICT-571236 REP. BY ITS SECRETARY.
5. SRI H B ESHWARACHANDRA S/O H.M.BASAPPA, NO.8, TEMPLE ROAD, SOMAWARPET, KODAGU DISTRICT-571236.
6. A P SHIVARUDRAPPA S/O.A.R.PUTTAPPA, KADLERI ESTATE, MASAGOD P.O.SOMWARPET, KODAGU DISTRICT-571236.
7. G K RUDRAPPA S/O.G.KARIBASAPPA, NO.A/30, BASAVESHWARA ROAD, SOMWARPET, KODAGU DISTRICT-571236.
8. H B HRISHIKESH S/O.H.B.BASAPPA, DOOR NO.7-13, "GIRIJA", BELUR ROAD, SOMWARPET, KODAGU DISTRICT-571236.
(By Mr. B H RAMAPRASAD, ADV. FOR R1 Mr. FRANCIS XAVIER, ADV. FOR R3 R2 & R4 SERVED Mr. R D PANCHAM ADV. FOR R5 TO R8) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO CALL THE PETITIONERS FOR THE ONE TIME SETTLEMEN (OTS) BY GRANTING SIX MONTHS TIME TO CLEAR OFF THE WHOLE LOAN TAKEN BY THE R-4 TO 8 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Amruthesh.N.P, learned counsel for the petitioners.
Sri.B.H.Ramaprasad, learned counsel for the respondent.No.1 Sri.Francis Xavier, learned counsel for the respondent.No.3.
Sri.R.D.Pancham, learned counsel for the respondent.Nos.5 to 8.
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:
i) Issue a Writ of Mandamus, direction to the 3rd Respondent to call the petitioners for the one time settlement (OTS) by granting six months time to clear off the whole loan taken by the Respondents No.4 to 8, in the interest of equity and justice.
b) Issue a Writ of Mandamus directing the Respondents 1 to 3, not to evict and disturb the possession of the 4th Respondent Samaja property and day to-day activities of Kalyana Mantapa, vide Annexure-N dated 24-04-2017 in the interest of equity and justice.
c) Issue Writ of Mandamus to the Respondents 1 to 3, not to disturb the 4th Respondent Samaja’s property vide Annexure-N date 24-04-2017, by using the muscle power/evicting the 4th Respondent Samaja-Kalyana Mantappa activities without due process of law, in the interest of equity and justice.
d) Grant any other writ or direct which this Hon’ble Court deems fit to grant under the facts and circumstances of the case in favour of the Petitioners along with the cost of this Petition, in the ends of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that in compliance of the order dated 23.01.2019, the petitioner has already submitted a proposal to respondent No.3 for settlement of loan account under ‘One Time Settlement Scheme’ and the respondent No.3 be directed to consider the proposal submitted by the petitioner. In addition, learned counsel for the petitioner undertakes to supply a copy of the proposal, which has been already been submitted by the petitioner to respondent No.3 within a period of one week from today. On the other hand, learned counsel for the respondent No.3 submits that suitable action on the proposal submitted by the petitioner shall be taken in accordance with law.
5. In view of the submissions made and in the facts of the case, the petition is disposed of with a direction that in case the petitioners supplies a copy of the offer submitted by him within a period of one week from the date of receipt of the certified copy of the order passed today to the respondent No.3, the respondent No.3 shall take a decision on the aforesaid offer under the ‘One Time Settlement’ Scheme and in the light of the guidelines framed by the Reserve Bank of India by a speaking order within a period of one week from the date of receipt of such a representation.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS