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. 40383 OF 2018 (GM-RES) BETWEEN:
SMT.MEENAKSHMMA W/O SRI.MALLIKARJUNA AGED ABOUT 55 YEARS R/O NIDIGE VILLAGE SHIMOGA TALUK – 577 222.
(BY MR.HARISH KUMAR M.S, ADV.) AND:
THE AUTHORISED OFFICER AND MANAGER SYNDICATE BANK, SHIMOGGA MAIN VINAYAKA COMPLEX B.H.ROAD, SHIVAMOGGA – 577 201.
(BY MR.VIGNESH SHETTY, ADV.) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK TO EXTEND THE TIME TO ACCEPT THE LOAN AMOUNT UNDER ONE TIME SETTLEMENT SCHEME OFFERED IN THE LETTER DATED: 03.02.2018 FROM THE PETITIONER TILL 31.12.2018 VIDE ANNEXURE-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Harish Kumar M.S., learned counsel for the petitioner.
Mr.Vignesh Shastry, learned counsel for the respondent.
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 respondent Bank to extend the time to accept the loan amount under One Time Settlement Scheme offered in the letter dated 03.02.2018 from the petitioner till 31.12.2018 vide Annexure-C and to consider the representation filed by the petitioner on 04.09.2018 to extend the time to pay the amount under One time Settlement vide Annexure- D.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the representation for settlement of the loan account under the ‘One Time Settlement’ Scheme may be considered. On the other hand, learned counsel for the respondent fairly submitted that in case such a representation is not already decided, 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 direction that the representation under ‘One Time Settlement’ scheme submitted by the petitioner may be decided by the competent authority if not already decided within four weeks from the date of receipt of certified copy of the order passed today. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS