IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.10619 OF 2019 (GM-RES) BETWEEN:
M/S HOENYWELL ENGINEERING SERVICES PVT. LTD., NO.D-103, ASHIRWAAD, 1ST FLOOR, KSSIDC INDUSTRIAL ESTATE, RAJAJINAGAR, BENGALURU-560010 REP. BY ITS DIRECTOR, SRI. SUCHINDRA DIXIT (BY SRI. D. R. RAVISHANKAR, ADV.) AND THE STATE BANK OF INDIA RAJAJINAGAR INDUSTRIAL ESTATE BRANCH, RAJAJINAGAR INDUSTRIAL ESTATE, BENGALURU-560010 ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B THE POSSESSION NOTICE BY THE RESPONDENT DATED 14.02.2019; DIRECT THE RESPONDENTS TO EXTEND THE FACILITY OF ONE TIME SETTLEMENT AS APPLICABLE TO THE MSME AS PER EXTANT RBI GUIDELINES; DIRECT THE RESPONDENT-BANK TO GRANT FURTHER PERIOD OF SIX MONTHS WITHIN WHICH TIME THE PETITIONER SEEKS TO EITHER CLOSE THE ACCOUNT BY MEANS OF ONE TIME SETTLEMENT IF OFFERED OR OTHERWISE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. D. R. Ravishankar, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. In this petition, the petitioner inter alia has assailed the validity of the notice dated 14.02.2019 by which possession of the premises in question is sought to be taken from the petitioner.
3. At the outset, learned counsel for the petitioner submits that he is interested in settlement of the account under One Time Settlement Scheme and he is not interested in challenging the notice dated 14.02.2019.
4. In view of the aforesaid submission, it is directed that in case petitioner submits a proposal with regard to settlement of the account under One Time Settlement Scheme on or before 15.03.2019, the Bank shall consider the offer submitted by the petitioner under One Time Settlement Scheme and as per the RBI guidelines, by a speaking order within a period of one week from the date of receipt of such representation. Till the representation submitted by the petitioner is decided, status quo as it exists today with regard to possession in respect of the property in question shall be maintained.
5. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly the petition is disposed of.
Sd/- JUDGE RD