IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.46902 OF 2016 (GM-RES) BETWEEN:
Smt.Revathi Raju W/o V.Srinivas Raju Aged about 53 years R/at No.12, 10th Main Road Sadashivanagar Bengaluru- 560 080 … Petitioner (By Sri.R.Swaroop Anand, Adv. for Sri.V.Ramesha Babu) AND:
1. Bank of India Bengaluru- CPC- Mid Corporate Branch 1st Floor, Kempegowda Road, Bengaluru- 560 009 Rep. by its Authorized Officer/ Chief Manager 2. Reserve Bank of India Nrupathunga Road Bengaluru- 560 001 Rep. by its Governor. … Respondents (By Sri.M.Mohamed Ibrahim, Adv. For R1 R2 served and unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned sale notice Dtd: 16.07.2016 issued by the R-1 Bank vide Annexure-Y as being illegal and invalid direct the R-1 Bank to consider the representations produced at Annexure-W dtd: 30.05.2016 and Annexure-Z, dtd: 21.07.2016 and etc.
This Petition coming on for orders this day, the Court made the following:-
ORDER Sri. R Swaroop Anand, learned counsel for Sri.Ramesh Babu V, Advocate for the petitioner. Sri.M.Mohamed Ibrahim, learned counsel for Respondent 1.
2. This petition is admitted for hearing. With the consent of the learned counsel appearing for the parties the same is heard finally.
3. In this petition, the petitioner interalia has prayed for the following reliefs:
a) Issue a writ of certiorari or any other appropriate writ seeking quashing of the impugned sale notice dated: 16.07.2016 issued by the 1st Respondent Bank vide Annexure-Y as being illegal and invalid.
b) Issue a writ of mandamus or any other appropriate writ directing the 1st Respondent Bank to consider the representations produced at Annexure-W dt: 30.05.2016 and Annexure-Z dt: 21.07.2016.
c) Grant such order or direction as this Hon’ble Court deems fit in the circumstances of the case.
d) Direct the Respondents to pay the cost of this writ petition.
4. When the matter is taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of a with a direction to the respondent to provide him a copy of the consolidated statement of account and the petitioner be granted liberty to take recourse to such remedy as may be available to him under the law.
5. On the other hand, learned counsel for the respondent submits that the consolidated statement of account will be supplied to the petitioner within a period of two weeks from the date of receipt of certified copy of the order passed today.
6. In view of the submissions and the facts of the case, the writ petition is disposed of with a direction to the bank to supply to the petitioner a copy of the reconsolidated statement of account within a period of two weeks from the date of receipt of certified copy of the order passed today. Needless to state that the petitioner shall be at liberty to take recourse to such remedy as may be available to him under the law. In addition the respondent/bank shall consider the one time proposal submitted by the petitioner to settlement of loan account within a period of four weeks from today. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, petition is disposed of.
Sd/- JUDGE brn