IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.12224-12226 OF 2019 (GM-RES) BETWEEN:
1. DR.VINAY NARAYAN PANDIT S/O NARAYAN PANDIT, AGED ABOUT 36 YEARS 2. DR. PADMA RAJAMMA D/O LATE PANDIT VENKATARAMACHAR AGED ABOUT 76 YEARS 3. SMT.RUKMINI DEVI D/O LATE PANDIT VENKATARAMACHAR AGED ABOUT 63 YEARS ALL ARE RESIDENTS OF NO.1379, 2ND CROSS, 24TH CROSS, BANASHANKARI 2ND STAGE BENGALURU - 560 070. ...PETITIONERS (BY SRI CHANDRASHEKAR.H.B., ADVOCATE) AND:
UNION BANK OF INDIA MALLESHWARAM BRANCH, NO.116, 11TH CROSS, SAMPIGE ROAD, MALLESWARAM BENGALURU - 560 003 REPRESENTED BY ITS SENIOR OFFICER MR.BABU NARAYAN S/O LATE NARAYAN AGED ABOUT 42 YEARS. ...RESPONDENT (BY SRI K.PRAKASH HEGDE, ADVOCATE FOR C/R) THESE WRIT PETITIONS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY R-1 PRODUCED AT ANNEXURE-G DATED 14.02.2019.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Chandrshekar.H.B., learned Counsel for the petitioners.
Sri K.Prakash Hegde, learned counsel for the caveator/respondent.
Petitions are admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
2. In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners interalia seeks for a writ of certiorari and to quash the impugned notice issued by the first respondent dated 14.02.2019 as at Annexure – ‘G’.
3. When the matter is taken up today, learned counsel for the petitioners submitted that the petitioners have submitted a representation to the competent authority of the Respondent-Bank to settle the loan amount of the petitioners and the petitions be disposed of with a direction to the competent authority of the Respondent-Bank to consider and decide the same.
4. Learned counsel for the respondent submitted that suitable action on the representations submitted by the petitioners shall be taken, if not already taken.
5. In view of the submissions made by the learned counsel for the parties and in facts of the case, petitions are disposed of with a direction to the competent authority of the Respondent-Bank to decide the representations submitted by the petitioners by a speaking order in accordance with law, within one week from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion with regard to the merits of these petitions.
Needless to state with regard to petitioners grievance, impugned notice dated 14.02.2019, the petitioners are at liberty to take recourse of Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE DH