IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11035 OF 2016 (GM-RES) BETWEEN:
G.J.RAJU PAIS S/O LATE B.R.PAIS AGED ABOUT 60 YEARS R/AT KUM-KUM, BALMATA ROAD OPP. CANARA BANK REGIONAL OFFICE MANGALURU-575 001 (BY SRI. MOHAMMED ATHER, ADV.) AND:
1. M/S.MAHARASHTRA APEX CORPORATION LTD., (AN INCORPORATED COMPANY REPRESENTED BY ITS MANAGING DIRECTOR) REGD. OFFICE AT MANIPAL CENTRE BENGALURU-560 001 … PETITIONER 2. M/S.MAHARASHTRA APEX CORPORATION LTD., SYNDICATE HOUSE AT MANIPAL, UDUPI TALUK, REP. BY ITS DULY AUTHORISED SIGNATORY MRS.SUSHEELA CHANDRAKUMAR AGED ABOUT 44 YEARS, KALAPANA ANNEXE UPENDRA BAUG, UDUPI-576 104 3. BRYCE R.PAIS S/O LATE B.R.PAIS AGED ABOUT 53 YEARS PERMANENT ADDRESS “KUM-KUM”, OPP. HOTEL SIDDARTHA BALAMATA ROAD, MANGALURU-575 001 … RESPONDENTS (BY SRI.SRIKANTH PATIL K., ADV. FOR R-1; SRI. SWAMY SHIVAPRAKASH H., ADV. FOR R1 & R2;
V/O DATED 13.06.2016, SERVICE OF NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND R-2 FOR CONSIDERING THE REPRESENTATION DATED 20.01.2016 PRODUCED VIDE ANNEXURE-S IN TERM OF THE COMMUNICATION NO.HO/LEGAL/HP- 990111/14016 DATED 10.09.2013 PRODUCED VIDE ANNEXURE-G IN TERMS OF GUIDELINES ISSUED BY THE RESERVE BANK OF INDIA AND UNDER THE PROVISIONS OF BANKING REGULATIONS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Mohammed Ather, learned counsel for the petitioner.
Sri. Srikanth Patil K., learned counsel for respondent No.1.
Sri. Swamy Shivaprakash H., learned counsel for respondent Nos.1 and 2.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner seeks for a direction to respondent Nos.1 and 2 to consider the representation dated 20.01.2016 produced vide Annexure-S in terms of the communication No.HO/LEGAL/HP-990111/14016 dated 10.09.2013 produced vide Annexure-G in terms of Guidelines issued by the Reserve Bank of India and under the provisions of Banking Regulations.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent Nos.1 and 2 to consider the representation dated 20.01.2016 submitted by the petitioner, in accordance with law.
4. On the other hand, learned counsel for respondent Nos.1 and 2 submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction that the competent authority shall decide the representation submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of four months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
sd/- JUDGE Mds/-