IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6174 OF 2017 (GM-RES) BETWEEN:
MR. DEVARAJAPPA M S/O LATE MUNIYAPPA AGED ABOUT 38 YEARS 1963, 9TH MAIN ROAD, 2ND CROSS KUMARASWAMYLAYOUT J.P. NAGAR, BENGALURU-560 078. (By Smt. SAVITHA D, ADV.) AND:
THE AUTHORISED OFFICER M/S PNB HOUSING FINANCE LIMITED PROPERTY BEARING NO.5 MATHRUSHREE ARCADE 100 FT. RING ROAD 1ST STAGE BTM LAYOUT BENGALURU-560 076 REP BY ITS CHIEF MANAGER/ AUTHORISED OFFICER.
(By Mr. K.V. LOKESH, ADV.,) … PETITIONER … RESPONDENT - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED SALE NOTICE DTD:9.1.2017 PUBLISHED BY THE RESPONDENT IN INDIAN EXPRESS NEWSPAPER DTD:10.1.2017 UNDER ANNEXURE-J. DIRECT TO THE RESPONDENT TO ACCEPT THE REPAYMENTS MADE BY THE PETITIONER TOWARDS BALANCE MONTHLY INSTALLMENTS AND REGULARIZE THE LOAN ACCOUNT AS PER THE OWN COMMITMENT AND THE ORDERS DTD:28.11.2016 OF THIS HON'BLE COURT IN W.P.NO.37990/2015 [GM-RES] UNDER ANNEXURE-G & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Savitha D., learned counsel for the petitioner.
Mr.K.V.Lokesh, learned counsel for the respondent.
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:
(a) Issue writ in the nature of certiorari and set aside the impugned sale Notice dated 09.01.2017 published by the respondent in Indian Express Newspaper dated 10.01.2017 under Annexure-J.
(b) Issue directions to the respondent to accept the repayments made by the petitioner towards balance monthly installments and regularize the loan account as per their own commitment and the Orders dated 28.11.2016 of this Hon’ble Court in W.P.No.37990/2015 (GM-
RES) under Annexure-G.
(c) Issue such other writ, order or direction/s as may be deemed fit to grant in the given circumstances of the case in the ends of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that in pursuance of impugned notice dated 09.01.2017, the property belonging to the petitioner has not been sold. Therefore, the aforesaid relief claim (a) claimed in the petition has been rendered infructuous.
5. At this stage, learned counsel for the petitioner submits that the petitioner be granted a liberty to submit a representation under ‘One Time Settlement’ scheme to the Bank to consider the prayer of the petitioner for settlement of the loan account. On the other hand, learned counsel for the respondent- Bank submits that in case, such a representation is made the same shall be dealt with in accordance with law.
6. In view of submissions made and in the facts of the case, the petition is disposed of with a liberty that in case the petitioner files a representation to the competent authority respondent-Bank, the same shall be considered in accordance with law by a speaking order within a period of one month from the date of receipt of such representation.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS