IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15046 OF 2017 (GM-RES) BETWEEN:
MR. MANSOOR AHAMED, S/O. ASGHAR AHMED, AGED ABOUT 30 YEARS, R/AT NO.3-290, A1 MANSOOR HOUSE, BASAVANAKAJE, PADUMURNAD VILLAGE, MOODABIDRI, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT -574 213.
(BY MR.RANJITH.K.S., ADV.) AND:
1. AUTHORISED OFFICER, L & T HOUSING FINANCE LTD., UNIT 1, 3RD FLOOR, PRIDE HULKUL, NO.116, LALBAGH ROAD, BANGALORE-560 027.
2. L & T HOUSING FINANCE LTD., UNIT 1, 3RD FLOOR, PRIDE HULKUL, NO.116, LALBAGH ROAD, BANGALORE-560 027, REPRESENTED BY ITS MANAGER.
3. L & T HOUSING FINANCE LIMITED, KGN TOWERS, 6TH FLOOR, … PETITIONER NO.62, ETHIRAJ SALAI (COMMANDER IN CHIEF ROAD), EGMORE, CHENNAI-600 105.
REP BY CHIEF GENERAL MANAGER.
… RESPONDENTS (BY MR. JAIPATIL, ADV FOR R-1 TO 3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO IMPLEMENT THE LETTER OF FORCLOSURE DTD.28.3.2017 VIDE ANNEX-A. GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS PURSUANT TO ISSUANCE OF POSSESSION NOTICE DTD.21.3.2017 VIDE ANNEX-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Ranjith K.S., learned counsel for the petitioner. Mr.Jai Patil, learned counsel for the respondent Nos.1 to 3.
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 is seeking for a writ of mandamus directing the respondents to implement the letter of forclosure dated 28.03.2017 vide Annexure-A.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the he be granted with a liberty to make a representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner 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 petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case. Till the representation is decided, ad-interim order, if any, granted by a Bench of this Court to continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS