IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35501 OF 2017(GM-RES) BETWEEN:
1. KUMARI.ROSHINI D/O. BHASKAR REDDY, AGED ABOUT 15 YEARS 2. KUMAR HITHESH S/O. BHASKAR REDDY, AGED ABOUT 14 YEARS BOTH ARE R/AT NO. 102, VENKATESHWARA APARTMENTS, 1ST MAIN ROAD, MUNNEKOLALA, VARTHUR HOBLI, BANGALORE 560037.
BOTH ARE MINORS REP BY THEIR GUARDIAN, GRAND MOTHER SMT. P RAMADEVI W/O. LATE. LAKSHMI NARAYAN, AGED ABOUT 60 YEARS.
… PETITIONERS (BY SRI.CHANDRA SHEKAR P. PATIL, ADV.) AND:
1. THE ASSISTANT GENERAL MANAGER/ AUTHORIZED OFFICER CAN FIN HOMES LTD, "SAJINI" NO. 69, OLD NO. 35, GROUND FLOOR, 12TH MAIN, (OPP. CORPORATION SWIMMING POOL), JAYANAGAR 3RD BLOCK, BANGALORE 560011.
2. MR. VERMURI BHASKAR REDDY S/O LATE V MUNI REDDY R/AT NO.70/04, DOOR NO.5, 5TH CROSS, LAKSHMI NARAYANA TEMPLE ROAD, MUNNEKOLALA, BENGALURU 560037.
… RESPONDENTS (BY SRI. S.K.M. SHETTY, ADV FOR R1; R2 – SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOT TO DISBURSE PAY EXCESS AMOUNT TO BHASKAR REDDY, AFTER ADJUSTING LOAN DUE AMOUNT, IN CASE IF RESPONDENT SELLS THE SCHEDULE PROPERTY IN PUBLIC AUCTION, IN PURSUANCE OF TAKING OF SYMBOLIC POSSESSION OF THE SCHEDULE PROPERTY. AND FURTHER DIRECT THE RESPONDENT TO INVEST THE EXCESS AMOUNT AFTER ADJUSTING LOAN DUE AMOUNT, IN FIXED DEPOSIT IN THE NAME OF THE RESPONDENT IN ANY NATIONALIZED BANK OR TO DEPOSIT IN C.MISC.NO.42/2013 PENDING BEFORE THE HON’BLE JUDGE, M.M.T.C.-I AT MAYO HALL, M.G.ROAD. BANGALORE [DIST:BANGALORE] SUBJECT TO THE DECISION OF C.MIS.42/2013 BY CONSIDERING ANNEXURE-H DTD:24.7.2017 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Chandrashekar P. Patil, learned counsel for the petitioners.
Sri.S.K.M.Shetty, learned counsel for respondent No.1.
After hearing learned counsel for the parties and in view of order dated 04.01.2018 passed by a Bench of this Court, the writ petition is disposed of with liberty to the petitioners to make a suitable representation to respondent No.1 – Bank to produce prospective purchaser before respondent No.1 – Bank.
2. Needless to state that in case such a representation is filed before the competent authority of respondent Bank, the competent authority shall take a decision on the same in accordance with law.
3. It is also directed that respondent No.1 – Bank shall also redress the grievance of the petitioners with regard to taking out the belongings of the petitioners, which are lying in the premises, which is in occupation of respondent – Bank.
4. Ad-interim order, if any, shall continue till the representation to be filed by the petitioners is decided.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty and directions, the writ petition is disposed of.
Sd/- JUDGE dn/-