IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.16534-536 OF 2019 & W.P.Nos.19825-828 of 2019 (GM-RES) BETWEEN:
1. M/S KRISHNA AGRO INDUSTRIES, SY.NO.648/1, KODAGAHALLI VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK MYSORE-571 101.
2. SMT. B. RAJALAKSHMI, AGED ABOUT 51 YEARS, W/O SRI.K.K.KRISHNAPPA, 3. SRI. KRISHNAPPA K.K, AGED 57 YEARS, S/O LATE SRI KALEGOWDA BOTH ARE RESIDING AT:
NO.1511, C AND D BLOCK, SANJE RAVI ROAD, KUVEMPUNAGAR, MYSURU-570 023.
... PETITIONERS (BY SRI. MUNIRAJA.M, ADVOCATE FOR SRI. RAJENDRA.M.A, ADVOCATE) AND:
1. THE GOVERNOR, RESERVE BANK OF INDIA, NEW CENTRAL OFFICE BUILDING, SHAHID BHAGATH SINGH 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 AUTHORISED OFFICER STATE BANK OF INDIA, ASSET RECOVERY MANAGEMENT BRANCH, MYSORE BANK BUILDING, BKG COMPLEX, ‘A’ BLOCK, 2ND FLOOR, AVENUE ROAD, BENGALURU-560 009.
4. THE DEPUTY GENERAL MANAGER. STATE BANK OF INDIA, ADMINISTRATIVE OFFICE-A, NET WORK-2 NEAR BASUDEV SOMANI, BED COLLEGE, KUVEMPUNAGAR, MYSORE-570 009.
5. THE GENERAL MANAGER STATE BANK OF INDIA, LHO, ST.MARKS ROAD, BANGALORE-560 001.
6. THE CHIEF GENERAL MANAGER STATE BANK OF INDIA, LHO, ST.MARKS ROAD, BANGALORE-560 001.
… RESPONDENTS (BY SRI FRANCIS XAVIER, ADV., FOR C/R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO SETTLE THEIR ENTIRE DUES UNDER APPLICABLE OTS SCHEME SBI OTS-2017; SIB OTS-018 OR AN APPLICABLE UNDER A GIVEN CIRCUMSTANCE, 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 02.04.2019-ANNEXURE-A BY SETTING ASIDE/QUASHING THE LETTER DATED 05.04.2019- ANNEXURE-B ISSUED BY RESPONDENT BANK R-3.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Muniraja M., learned counsel for Sri. M. A. Rajendra, learned counsel for the petitioners.
Sri. Francis Xavier, learned counsel for Caveator/respondent No.3.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.4 to 6.
2. In these petitions, the petitioners inter alia seek for a writ of mandamus to respondent- Bank to settle their entire dues under applicable OTS scheme SBI OTS-2017; SBI OTS-2018 or as applicable under a given circumstance, 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 02.04.2019 vide Annexure-A by setting aside/quashing the letter dated 05.04.2019 vide Annexure-B.
3. When these matters were taken up today, learned counsel for the petitioners submitted that the petitioners are ready and willing to give a proposal of ‘One Time Settlement’ to the competent authority and the aforesaid authority be directed to consider the same in accordance with law.
4. On the other hand, learned Additional Government Advocate submits that suitable action shall be taken on the proposal which may be submitted by the petitioners in accordance with law.
5. In view of the aforesaid submission and in the facts of the case, these petitions are disposed of with a direction to the competent authority to consider and decide the proposal, which may be submitted by the petitioner in accordance with law by a speaking order within a period of three weeks from the date of receipt of such a proposal.
6. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, these petitions are disposed of.
Sd/- JUDGE Mds/-