IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.60136 OF 2014 (GM-RES) BETWEEN:
1. SMT. M. MANJULA AGED ABOUT 52 YEARS, W/O SRI S.SHIVASHANKAR.
2. SRI S. SHIVASHANKAR AGED ABOUT 57 YEARS, S/O LATE M. SUBRAMANI, BOTH ARE RESIDENT OF NO.4, NORTH PARK ROAD, SHESHADRIPURAM, BANGALORE 560 020.
(BY MR.S.P. SOMASHEKHARAIAH, ADV.) AND:
1. M/S UCO BANK ASSETS MANAGEMENT BRANCH, 3RD FLOOR, 13/22,K.G. ROAD, BANGALORE 560 009 … PETITIONERS REP. BY CHIEF MANAGER/AUTHORISED OFFICER 2. SRI. SENTHIL MURUGAN MUTHUVELU S/O LATE S. MUTHUVELU, AGED ABOUT 32 YEARS, HIG 231/6, OLD ASTC, HUDCO, NEAR THANGAM CLINIC, HOSUR 635109,TAMIL NADU … RESPONDENTS (BY MR.MURUGESH .V CHARATI, ADV. FOR R-1 MR.SHANKAR S.BHAT, ADV. FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DATED 16.12.2014 AND SETTLE THE MATTER AS PER ORDER OF LOK ADALAT FOR PRE- LITIGATIVE CASES OF DISTRICT LEGAL SERVICES AUTHORITY, BANGALORE URBAN DISTRICT VIDE ORDER DATED 19.11.2011 UNDER ANN-D & P AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.R.P.Somashekaraiah, learned counsel for the petitioner.
Mr.Murugesh V. Charati, learned counsel for respondent No.1.
Mr.Shankar S.Bhat, learned counsel for respondent No.2.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia prays for a direction to respondent No.1 to consider the representation dated 16.12.2014.
4. When the matter was taken up today, learned counsel for respondent No.1 submitted that the property in question has already been sold under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the amount, which is due and payable to the petitioner and for recovery of the balance amount. The original was filed before the Debt Recovery Tribunal and a recovery certificate has been obtained. The aforesaid submission is taken on record.
5. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is disposed of with a liberty to the petitioner to take recourse to such remedy as may be available to him under law.
Sd/- JUDGE SS