IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD W.P. NO.24267 OF 2018 (GM – RES) BETWEEN:
RIDDHI LOGISTICS PVT. LTD., 31/3203, BEADONPURA, KAROL BAGH, NEW DELHI – 110 005. AUTHORISED SIGNATORY, SHANTHANU GHOSH DASTIDAR, AGED 55 YEARS. ... PETITIONER (By Sri.M.SHIVAPRAKASH, ADVOCATE) AND:
THE CORPORATION BANK, KORAMANGALA – PBB BRANCH, NO.83, 17 ‘D’ MAIN, 6TH CROSS, 6TH BLOCK, KORAMANGALA, BENGALURU – 560 095. REPRESENTED BY ITS AUTHORISED OFFICER. ... RESPONDENT (By Sri. V.B.RAVISHANKAR, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE ABOVE WRIT PETITION; QUASH THE NOTICE DATED 02.05.2018 ISSUED BY THE RESPONDENT BANK AT ANNEXURE – B AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The learned counsel for the parties submit that the respondent-Bank has not been able to hold any sale pursuant to the impugned notice dated 2.5.2018 as there were no bidders and therefore this petition is rendered infructuous.
2. However, the learned counsel for the petitioner submits that the petitioner has remitted the entire amount of Rs.21,19,743/- which includes Rs.4,08,361/- transferred on 22.05.2018 and Rs.14,83,482/- on 21.05.2018. On the other hand, learned counsel for the respondent submits that the total outstanding to the bank is in a sum of Rs.1,53,28,354/-. As such, the tender of Rs.21,19,743/- cannot be termed as full and final settlement. In response, learned counsel for the petitioner seeks leave to file necessary representation to justify the payment with directions to the respondent to consider such representation before initiation of any further proceedings. The learned counsel for the respondent-Bank submits that the writ petition could be disposed of permitting the petitioner to file necessary representation within a timeframe as the respondent-Bank would consider such representation as is permissible in law.
As such, the petition is disposed of permitting the petitioner to make representation within a period of seven days from the date of receipt of certified copy of this order, and if such representation is made, the respondent-Bank shall consider such representation before initiating any further proceedings.
AN/-
SD/- JUDGE