IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1705/2018 (GM-RES) BETWEEN:
M/S. GURURAJ SHETTY S/O. MAHABALA SHETTY AGED ABOUT 37 YEARS PROPRIETOR OF M/S. SIDDARTH TRADING DOOR No.2-4, PREMASHRAYA VILLAGE GANTHIHOLE, BIJOOR POST KUNDAPURA TALUK UDUPI – 576 224.
(BY SRI. SACHIN B. S., ADV.) AND 1. BHARATH CO-OPERATIVE BANK (MUMBAI) LTD., UDUPI BRANCH, VASUKI TOWER ... PETITIONER NEXT TO VISHWAS COMMERCIAL BUILDING, NEAR TALUK OFFICE OPP. DISTRICT COURT UDUPI – 576 101 REPRESENTED BY DEPUTY GENERAL MANAGER AND AUTHORIZED OFFICER.
2. MRS. PREMA SHEDTHY W/O. MAHABALA SHETTY AGE: MAJOR DOOR No.2-4, PREMASHRAYA VILLAGE GANTHIHOLE BIJOOR POST KUNDAPURA TALUK UDUPI – 576 224.
3. MR. KRISHNAPRASAD SANKAPPA ADYANTHAYA MAJOR R/AT JALLADY, KATBELTHUR KUNDAPURA UDUPI – 576 201.
…RESPONDENTS (BY SRI. PUNDIKAI ISHWAR BHAT, ADV. FOR R-1;
NOTICE TO R-2 & R-3 IS D/W V/O DATED 11.01.2018) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NOTICE DATED 03.01.2018 ISSUED BY R-1 AS PER ANNEXURE-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Sachin B. S., learned counsel for the petitioner.
Sri. Pundikai Ishwar Bhat, learned counsel for the respondent No.1.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
i. Issue writ of certiorari or any other appropriate writ or order quashing the impugned order/impugned notice dated 3.1.2018 in Ref.No.BCB/UDP/Legal & Recovery/951/2018 issued by respondent No.1 as per Annexure-A.
ii. Issue writ of mandamus directing the respondent No.1 bank to regularize the account No.004913100000062 belonging to the petitioner which had become non performing asset on 30.6.2017.
4. When the matter was taken up today, learned counsel for the respondent submitted that suitable action, if any, on the grievance of the petitioner shall be taken under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
5. In view of the aforesaid submission, the grievance of the petitioner stands redressed. Accordingly, the petition is disposed of with liberty to the petitioner that as and when occasion arises, he shall take recourse to such remedy, as may be available to him in law.
6. Accordingly, the writ petition is disposed of.
Sd/- JUDGE RD