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 NOs.42113 OF 2018 & 42674 OF 2018 (GM-RES) BETWEEN:
1. K. MANJUNATH S/O KRISHNAPPA, AGED ABOUT 50 YEARS.
2. SMT. MANJULA W/O SRI. K. MANJUNATH AGED ABOUT 40 YEARS.
BOTH ARE R/AT NO.6, NO.26/1,(B) KRISHNAPPA COMPOUND JAGARANAHALLY, J.P.NAGAR POST BANGALORE.
(By Mr. AMIT DESHPANDE, ADV.) AND:
THE AUTHORISED OFFICER /GENERAL MANAGER MALLESHWARAM CO OPERATIVE BANK LTD, NO.102, 7TH CROSS, MALLESHWARAM BANGALORE-560 003.
(By Mr. K.V. LOKESH, ADV.,) … PETITIONERS … RESPONDENT - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE NOTICE DTD:1.8.2018 VIDE ANNEXURE-A, BY ISSUING THE WRIT OF MANDAMUS. QUASH THE ORDER DTD:23.8.2018 PASSED BY THE DRT BANGALORE IN SA NO.236/2018 VIDE ANNEXURE-B BY ALLOWING THE WRIT PETITION & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Amit Deshpande, learned counsel for the petitioners.
Mr.K.V.Lokesh, learned counsel for cavetor/ respondent.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners prayed for the following reliefs:
(a) Quash the sale notice dated 01.08.2018 vide ANNEXURE-A, by issuing the writ of mandamus.
(b) and to quash the order dated 23.08.2018 passed by Debt Recovery Tribunal Bangalore in SA No.236/2018 vide ANNEXURE B by allowing the writ petition.
(c) to pass such other orders or to issue such other directions as deemed fit in the facts and circumstances of the case in the interest of justice and equity.
4. When the matters were taken up today, learned counsel for the petitioners submitted that they be granted the liberty to move an application for settlement of the loan account under the ‘One Time Settlement’ Scheme. On the other hand, learned counsel for the respondent fairly submitted that in case such a representation is submitted the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction that in case the petitioners submit the representation under ‘One Time Settlement’ scheme, the competent authority shall consider and decide the same by a speaking order within a period of four weeks from the date of receipt of such a representation.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS