IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.16537-16540 OF 2019 AND WRIT PETITION NOS.17876-17877 OF 2019 (GM-RES) BETWEEN:
1. M/S. KALEGOWDA RICE MILL REPRESENTED BY ITS PROPRIETOR SHRI K. GURUSWAMY S/O. LATE KALEGOWDA AGED 60 YEARS R/AT KALLAHALLI M.C. ROAD MANDYA-571 401.
2. SHRI K. GURUSWAMY S/O. LATE KALEGOWDA AGED 60 YEARS R/AT KALLAHALLI, M.C. ROAD MANDYA-571 401.
AND ALSO AT NO.1769, NEAR GOVERNMENT SCHOOL KALLAHALLI VILLAGE MANDYA TALUK MANDYA-571 4011.
3. SHRI. K. ATHAMANANDA AGED ABOUT 57 YEARS S/O. LATE KALEGOWDA NO.1769, NEAR GOVERNMENT SCHOOL KALLAHALLI VILLAGE MANDYA TALUK MANDYA-571 4011.
4. SRI. K. RAVIKUMAR AGED ABOUT 55 YEARS S/O. LATE KALEGOWDA NO.1769, NEAR GOVERNMENT SCHOOL KALLAHALLI VILLAGE MANDYA TALUK MANDYA-571 4011. ... PETITIONERS (BY SRI M.A. RAJENDRA, ADV.) AND:
1. THE GOVERNOR RESERVE BANK OF INDIA NEW CENTRAL OFFICE BUILDING SHAHID BHAGATH SING ROAD FORT, MUMBAI-400 001.
2. THE CHAIRMAN AND MANAGING DIRECTOR – STATE BANK BHAVAN STATE BANK OF INDIA CORPORATE CENTRE MADAME CAMA ROAD NARIMAN POINT MUMBAI-400 021.
3. THE DY. GENERAL MANAGER STATE BANK OF INDIA NO.1978 & 1978/1, KEMPAIAH BUILDING RAJENDRA PRASAD ROAD MANDYA-571 401. … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO SETTLE THEIR ENTIRE DUES UNDER APPLICABLE OTS SCHEME SBI OTS – 2017; SBI OTS – 2018 OR AS APPLICABLE UNDER A GIVEN CIRCUMTANCE, BASED ON THE CLASSIFICATION OF THE ACCOUNT 2016 OR 2017, AS THE CASE MAY BE WITHOUT ANY DISCRETIONS AND DISCRIMINATION, IN ACCORDANCE WITH LAW AND TO CONSIDER THEIR REQUEST LETTER DATED 10.04.2019 – ANNEXURE – “A”.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri M.A. Rajendra, learned counsel for petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
The writ petitions are admitted for hearing and the same are heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia pray for a direction to the respondents to consider the proposal of the petitioners under ‘One Time Settlement’ Scheme.
3. When the matters were taken up for consideration today, learned counsel for the petitioners submitted that the petitioners be granted the liberty to file a representation with regard to settlement of their bank account under the ‘One Time Settlement’ Scheme and the Competent Authority be directed to decide the aforesaid representation which may be submitted by the petitioners by a speaking order within a fixed time limit.
4. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with a direction that in case the petitioners submit a representation to the respondent-Bank for settlement of their loan account under ‘One Time Settlement’ Scheme, the Competent Authority of the respondent-Bank shall consider and decide the same within a period of three weeks from the date of receipt of such a representation by a speaking order in accordance with the guidelines issued by the Reserve Bank of India.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ST