IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.47334-47337 OF 2018 (GM-RES) BETWEEN:
1. M/S. RANJAN SILKS FABRICS NO.60, SANJEEVAPPA LANE AVENUE ROAD CROSS BENGALURU-560 002.
REP. BY ITS PROPRIETRIX SMT. SONA BABU W/O. MR. BABU RAO 2. M/S. DEEPAL SILKS AND SAREES NO.60, SANJEEVAPPA LANE AVENUE ROAD CROSS BENGALURU-560 002 REP. BY ITS PROPRIETOR SRI. BABU RAO SALANKE S/O. SALANKE 3. SMT. SONA BABU W/O. MR BABU RAO SALANKE AGED ABOUT 47 YEARS PROPRIETRIX OF RANJAN SILK FABRICS NO.173, SRI AMBABHAVANI NILAYA 1ST CROSS, 1ST BLOCK 3RD PHASE, BSK 3RD STAGE BENGALURU-560 085 4. SRI. BABU RAO SALANKE S/O. SALANKE AGEDA BOUT 58 YEARS NO.173, SRI AMBABHAVANI NILAYA 1ST CROSS, 1ST BLOCK 3RD PHASE, BSK 3RD STAGE BENGALURU-560 085. ... PETITIONERS (BY SRI M.M. SWAMY, ADV.) AND:
1. SYNDICATE BANK HEAD OFFICE AT DOOR NO.16/355 AND 16/365A MANIPAL-576 104 UDUPI DISTRICT REPRESENTED BY ITS CHAIRMAN.
2. SYNDICATE BANK BWSSB BRANCH NO.10/1, 1ST FLOOR RAJDHOOTH COMPLEX AVENU ROAD ENTRANCE BENGALURU-560 001 REPRESENTED BY ITS BRANCH MANAGER.
3. ASSISTANT GENERAL MANAGER (AUTHORISED OFFICER) SYNDICATE BANK BWSSB BRANCH NO.10/1, 1ST FLOOR RAJDHOOTH COMPLEX AVENUE ROAD ENTRANCE BENGALURU-560 001. ... RESPONDENTS (BY SRI M.R. SHASHIDHAR, ADV. FOR R1 TO R3 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.09.2018 PASSED IN CRL. MISC. NO.2058/2018 BY THE II ADDL CHIEF METROPOLITAN MAGISTRATE BENGALURU VIDE ANNEXURE-F.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri M.M. Swamy, learned counsel for the petitioners. Sri M.R. Shashidhar, learned counsel for respondents No.1 to 3.
2. The writ petitions are admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for the following reliefs:
“a) Issue a writ or order or direction, in the nature of certiorari and quash the Order dated 10.09.2018 passed in Crl. Misc. No.2058/2018 by the II Additional Chief Metropolitan Magistrate, Bengaluru, vide Annexure-‘F’;
b) Further be pleased to grant any other relief or reliefs that this Hon’ble Court may deems fit under the circumstances of the case along with the costs of these petitions, in the interest of justice and equity”.
4. When the matter was taken up for consideration today, learned counsel for the petitioners fairly submitted that against an order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for brevity), the petitioners have an alternate and efficacious remedy of filing an application under Section 17 of the Act. He therefore submits that the petitioners be granted liberty to submit a representation with regard to settlement of the loan amount to the competent authority of the respondent-Bank and the aforesaid authority be directed to consider the representation which may be submitted by the petitioners.
5. On the other hand, learned counsel for the respondent-Bank submits that, in case the petitioners submit such representation, the same will be dealt with in accordance wit law.
6. In view of the aforesaid submissions and in the facts of the case, the writ petitions are disposed of with liberty to the petitioners to submit a representation to the competent authority of the respondent-Bank within a period of one week from the date of receipt of a certified copy of the order passed today. Needless to state that, in case such a representation is filed by the petitioners, the competent authority of the respondent- Bank shall decide the same by a speaking order within two weeks from the date of filing the representation.
Accordingly, the petitions are disposed of.
Sd/- JUDGE ST