IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.56378 OF 2018 (GM-RES) BETWEEN:
M/S. PRAKASH GRANITES BY ITS PARTNER MR. B.R. SRINIVAS GOWDA PLOT NO.29-B, MALUR 1ST PHASE INDUSTRIAL AREA KURANDAHALLY, KASABA HOBLI MALUR TALUK, KOLAR DISTRICT KARNATAKA.
(BY SMT. V VEENA BHAT, ADV.) AND:
CENTRAL BANK OF INDIA #56, NANDI BUILDING BOWRING HOSPITAL ROAD BANGALORE-560 001 REP. BY ITS AUTHORIZED OFFICER.
... PETITIONER ... RESPONDENT (BY SRI M MOHAMED IBRAHIM, ADV. FOR SRI B EASHWAR PRASAD, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO CONSIDER THE PETITIONERS APPLICATION FOR OTS DATED 09.10.2018 AT ANNEXURE-D AND TO AWARD THE COSTS OF THIS PETITION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.V.Veena Bhat, learned Counsel for the petitioner.
Mr.M.Mohamed Ibrahim, learned counsel for Mr.B.Eshwar Prasad, learned Counsel for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks for the following reliefs:
(a) Issue a writ of mandamus or such other writ directing Respondent No.1 to consider petitioner’s application for One Time Settlement Scheme dated 09.10.2018 at Annexure- Document;
(b) To award the costs of this petition; and (c) To pass such other order or orders, as this Hon’ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is ready and willing to settle the loan amount and in this regard, the petitioner has submitted a representation dated 09.10.2018 vide Annexure-D and the writ petition be disposed of with a direction to the competent authority of the respondent-Bank to consider the same under One Time Settlement Scheme.
4. On the other hand, learned counsel for the respondent-Bank submits that suitable action would be taken on the aforesaid representation 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 to the respondent-Bank to consider and decide the representation dated 09.10.2018 by a speaking order, within a period of one week from the date of receipt of a certified copy of the order passed today. Without considering the representation, the sale shall not be finalized by the respondent-Bank.
It is made clear that this Court has not expressed any opinion with regard to merits of the matter.
Sd/- JUDGE mpk/-* ct:bms