IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.50242 OF 2019 (GM - RES) BETWEEN:
MRS. CATHERINE P W/O. T.R. ANANDAN AGED ABOUT 45 YEARS R/AT NO.479/B, ANANDA NILAYAM NEW BOREWELL ROAD, ANNASANDRAPALYA BENGALURU-560 017. ... PETITIONER (BY MS. KAVITHA.D., ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, BENGALURU-560 001. REP. BY: DEPUTY SECRETARY 2. THE REGISTRAR OF COOPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU-560 052.
3. THE CITIZEN CO-OPERATIVE BANK LIMITED NO.651/A, 1ST MAIN ROAD, ‘D’ BLOCK 2ND STAGE RAJAJINAGAR, DR. RAJKUMAR ROAD BENGALURU-560 010. … RESPONDENTS (BY SRI VIJAYKUMAR A PATIL, AGA FOR R1 AND R2; SRI K.V. LOKESH, ADV. FOR C/R3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO R-1 TO CONSIDER THE RESPRESENTATION DATED 20.10.2019 SUBMITTED BY THE PETITIONER UNDER ANNX.F AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought for issuance of writ in the nature of mandamus and directions to respondent No.1 to consider the representation dated 20.10.2019 submitted by the petitioner under Annexure-F and issue necessary directions to respondent No.3, pending consideration of representations dated 20.10.2019 submitted by the petitioner under Annexure F, not to proceed with any kind of recovery action against the schedule property.
2. Ms.Kavitha.D, learned counsel for the petitioner submits that the petitioner is due in a sum of Rs.1,73,000/- and the petitioner is ready to pay 50% of the amount due. The said submission is placed on record.
3. The same is disputed by Sri.K.V.Lokesh, learned counsel for respondent No.3 and submits that he has to verify the entire amount due. The said submission is placed on record.
4. Since the petitioner has agreed to pay 50% of the amount due within a period of four weeks, it is suffice to direct the respondent No.3-Bank to consider the representation dated 20.10.2019 as per Annexure-F within six weeks and pass appropriate orders in accordance with law. Petitioner is directed to deposit 50% of the amount due within a period of four weeks. Till consideration of the representation dated 20.10.2019, respondent-Bank shall not take any precipitative action. Further, the consideration is subject to a condition that the petitioner shall deposit 50% of the amount due to the bank within a period of four weeks.
Accordingly, writ petition is disposed of.
Sd/- JUDGE UN