IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 42274 OF 2015 (GM-RES) c/w WRIT PETITION NO. 11326 OF 2015 (GM-RES) IN WRIT PETITION NO. 42274 OF 2015 Between:
Smt. N. Kalpana W/o T. Anand Aged about 44 years Agriculturist R/at Huskur Village Aralumallige Post Doddaballapur Taluk Bangalore Rural District-561 203. …Petitioner (By Sri V.F. Kumbar, Advocate) And:
1. The Chief Manager Bank of India Bangalore (Main) Branch No.11, K.G. Road Bengaluru-560 009.
2. The Banking Ombudsman (Karnataka) II Floor, Reserve Bank of India Building 10/3/8, Nrupatunga Road Bengaluru-560 001. … Respondents (By Sri Mohammed Ibrahim, Advocate for R1 R2 is served but unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the R2 dated: 02.03.2015 vide Annexure-D & direct the respondent No.2 to entertain the petitioner’s complaint as per Annexure-B to take proper action against the respondent No.1.
IN WRIT PETITION NO. 11326 OF 2015 Between:
Sri T. Anand S/o. Thimmegowda Aged about 46 years Agriculturist R/at Huskur Village Aralumallige Post Doddaballapur Taluk Bangalore Rural District-561 203. …Petitioner (By Sri V.F. Kumbar, Advocate) And:
1. The Chief Manager Bank of India Bangalore (Main) Branch No.11, K.G. Road Bengaluru-560 009.
2. The Banking Ombudsman (Karnataka) II Floor, Reserve Bank of India Building 10/3/8, Nrupatunga Road Bengaluru-560 001. … Respondents (By Sri Mohammed Ibrahim, Advocate for R1 R2 is served but unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement issued by the R2 dated: 15.10.2014 vide Annexure-F & direct the respondent No.2 to entertain the petitioner’s complaint as per Annexure-E to take proper action against the respondent No.1.
*** These Writ Petitions coming on for Orders this day, the Court made the following:
O R D E R Writ petition No. 42274/2015 is directed against the order dated 02.3.2016 (Annexure-D) passed by the second respondent- the Banking Ombudsman (Karnataka) and Writ Petition No. 11326/2015 is directed against the order dated 15.10.2014 (Annexure-F) passed by the second respondent - the Banking Ombudsman (Karnataka) rejecting the petitioners’ representations on the ground that it requires investigation and it will not fall within the provisions of Clause 13(c) of the Banking Ombudsman Scheme, 2006.
2. Learned counsel for the first respondent submits that the Bank has initiated the recovery procedure and T.A. No.166/2017 (O.A. No.668/2016) and T.A.No. 636/2017 (O.A.No.1779/2015) were filed against the petitioner on the file of Debts Recovery Tribunal –II, Bengaluru. Pursuant to the notice, the respondent has filed written statement and now the matter is posted for evidence. Hence these writ petitions do not survive for consideration.
3. Learned counsel for the petitioners submits that the petitioners may be permitted to raise all their contentions in the matters which are pending before the Tribunal.
4. In view of the above, Writ Petitions are dismissed giving liberty to the petitioners to raise all their contentions in the matters which are pending before the Debts Recovery Tribunal-II, Bengaluru.
Sd/- JUDGE ssd