IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.30606/2018 & 31510/2018 BETWEEN:
1. RAMESH. P, S/O. PAPANNA, AGED ABOUT 50 YEARS, R/AT NO. 234, 2ND FLOOR, BUILDING NO. 4 KHB, KENGERI SATELLITE TOWN, BANGALORE-560 060.
2. SMT. SUDHA. P, W/O. LATE SHIVANNA, AGED ABOUT 48 YEARS, R/AT NO. 234, 2ND FLOOR, BUILDING NO.4 KHB, KENGERI SATELLITE TOWN, BANGALORE-560 060. ... PETITIONERS (By Sri.G. A. ANTHONY CRUZE and Sri VENKATESHWARA S., ADVOCATES) AND:
1. THE GENERAL MANAGER, STATE BANK OF INDIA, REGIONAL OFFICE, AO-1, REGION-4, MYSORE CIRCLE, K.G. ROAD, BANGALORE-560 009.
2. THE CHIEF MANAGER STATE BANK OF INDIA, LOCAL HEAD OFFICE, ST. MARK’S ROAD, BANGALORE-560 001.
3. THE BRANCH MANAGER STATE BANK OF INDIA, VIJAYANAGAR BRANCH, BANGALORE-560 040. ... RESPONDENTS (By Sri.T. S. MAHABALESHWARA, ADV. FOR R1 TO R3 SMT.S.NIRMALA, ADV. FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF R-3 BANK PERTAINING TO THE PURCHASE OF CAR LOAN ACCOUNT BEARING NO. 64058693412 AND EDUCATIONAL LOAN ACCOUNT. BEARING NO.64073431038 AND DIRECT R-3 BANK TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONERS ON 2.7.2018 VIDE ANNEX-E AND E1 AND TO ISSUE " NO DUE CERTIFICATES " AND RETURN OF THE SECURITY DOCUMENTS TO THE PETITIONERS.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.G.A.Anthony Cruze and Sri S.Venkateshwara, learned counsel for the petitioners.
Sri.T.S.Mahabaleshwara, learned counsel for respondents 1 to 3.
Smt.S.Nirmala, learned counsel for respondent No.3 2. Petitions are admitted for hearing. With the consent of the parties, same are heard finally.
3. In these petitions under Articles 226 & 227 of the Constitution of India, the petitioners inter alia have prayed for the following relief:
i) call for relevant records pending on the file of respondent No.3 – Bank pertaining to the purchase of Car Loan Account bearing No.64058693412 and education loan A/c. bearing No.64073431038;
ii) issue a writ of mandamus directing the respondent No.3 Bank to consider the representation submitted by the petitioners on 02.07.2018 vide Annexures – E and E1 and to issue ‘No Due Certificates’ and return of the security documents to the petitioners in accordance with law.
4. When the matter was taken up today, learned counsel for petitioners submitted that petitioners have paid the entire amount under the Scheme under which loan was availed. However, till today, no due certificate has not been furnished to the petitioners.
5. On the other hand, learned counsel for respondent No.3 submitted that the petitioners have not made payment in terms of the scheme and still amount of Rs.18,000/- is due and payable by the petitioners. At this stage, learned counsel for petitioners submits that respondent No.3 be directed to issue an intimation to the petitioners in this regard.
Learned counsel for respondent No.3 – Bank submits that intimation in this regard shall be sent to the petitioners within a period of two weeks from today.
6. In view of the aforesaid submissions and in the facts of the case, writ petitions are disposed of with liberty to the petitioners to take recourse to such remedy as may be available to them under the law.
Sd/- JUDGE PKS AAJ: W.P. Nos. 30606/2018 And 31510/2018 29.08.2019 ORDERS ON ‘BEING SPOKEN TO’ After hearing learned counsel for the parties, the amount mentioned in para Nos.4 and 5 of the order dated 07.08.2019 passed in W.P. Nos.30606/2018 and 31510/2018, shall be read respectively as Rs.2,30,430/- and Rs.94,900/-.
This order shall be read in conjunction with the order dated 07.08.2019 passed in the aforesaid writ petitions.
Sd/- JUDGE Cs/-