IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9818 OF 2019(GM-RES) BETWEEN:
M/S RIDDHI LOGISTICS PVT. LTD. 31/3203, BEADONPURA KAROL BAGH NEW DELHI – 110 005 AUTHORIZED SIGNATORY SRI.SHANTHANU GHOSH AGED ABOUT 55 YEARS.
(By Mr.M.SHIVAPRAKASH, ADV.) AND:
THE CORPORATION BANK KORAMANGALA – PBB BRANCH NO.83, 17 ‘D’ MAIN 6TH CROSS, 6TH BLOCK, KORAMANGALA BENGALURU – 560 095 REPRESENTED BY ITS AUTHORIZED OFFICER (By Mr.V.B.RAVISHANKAR ADV. FOR C/R) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE DETAILED REPRESENTATION SUBMITTED DATED 18.02.2019 AT ANNEXURE-J IN PURSUANCE OF ORDER PASSED BEFORE THIS HON’BLE COURT IN W.P.NO.24267/2018 AT ANNEXURE-G.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.Shivaprakash, learned counsel for the petitioner.
Mr.V.B.Ravishankar, learned counsel for caveator/respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Call for the entire records in O.R.No.KOR/Riddhi//01/18-19.
(ii) Issue writ of Mandamus, directing the respondent to consider the detailed representation submitted dated 18.02.2019 at Annexure-J in pursuance order passed before this Hon’ble Court in W.P.No.24267/2018 at Annexure-G.
(iii) Issue writ of certiorari and quash the communication bearing No. or No.KOR/Riddhi/01/2018-19 dated 19.02.2019 at Annexure-K issued by respondent and consequently to afford an opportunity tot eh petitioner in compliance with Section 13(8) of SARFACIE Act.
(iv) Pass such other order/s as this Hon’ble Court may be pla\eased to pass, in the interest of justice and equity.
4. Learned counsel for the petitioner submits that since the petitioner was hospitalized he could not submit the representation to the respondent-Bank within the time limit fixed by a bench of this Court by an order dated 11.01.2019 passed in W.P.No.24267/2018. It is further submitted that the petitioner be granted a week’s time by way of last indulgence to enable him to submit the representation to the respondent-Bank to settle the loan account and the respondent-Bank is directed to consider the representation in accordance with law. On the other hand, learned counsel for the respondent-Bank fairly submitted that in case such a representation is submitted within one week from the date of receipt of certified copy of the order passed today, the respondent-Bank shall consider the same in accordance with law.
5. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a liberty to the petitioner to submit a representation within a period of one week from the date of receipt of certified copy of the order passed today for settlement of the loan account in question under the ‘One Time Settlement’ scheme. Needless to state that in case such a representation submitted by the petitioner within one week, the competent authority of the respondent-Bank shall consider the same in accordance with the guidelines issued by the Reserve Bank of India by a speaking order within a period of one week from the date of receipt of such a representation. Till the representation submitted by the petitioner is decided the auction in respect of the property of the petitioner shall not be finalized. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS