IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.48829/2019(GM-RES) ROMANIO GEORGE, AGED ABOUT 32 YEARS, NO.9, SHANTHINILAYAM, 3RD CROSS, K.G.HALLI, NEAR JYOTHI COMPLEX, JALAHALLI WEST, BANGALORE-560015.
...PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND:
M/S SYNDICATE BANK, GARDEN CITY BRANCH, BENGALURU-560049.
REPRSENTED BY ITS AUTHORIZED OFFICER, MR. RAJAN C.
…RESPONDENT (BY SRI VIGNESH SHETTY, S., ADVOCATE FOR C/R) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION TO CLOSE THE LOAN AS STATED UNDER THE REPRESENTATION DATED 24.09.2019 IN ANNEXURE-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought for a writ of mandamus to direct the respondent Bank to consider the representation to close the loan as stated under the representation dated 24.09.2019 vide Annexure-C and to quash the Order dated 08.07.2019 obtained by the respondent Bank in C.Misc. No.3234/2018 passed by the I ACMM at Bengaluru, vide Annexure-B.
2. Sri S.Vignesh Shetty, learned counsel for the respondent-Bank raised preliminary objection with regard to maintainability of the writ petition on the ground that the petitioner has already approached the Debts Recovery Tribunal in I.R.No.3580/2019 against the Order passed by the learned Magistrate in C.Misc. No.3234/2018 and the Debts Recovery Tribunal has granted interim stay of the Order of the Magistrate, subject to petitioner depositing the amount mentioned therein, on or before 21.09.2019. The same is suppressed by the petitioner while filing the above writ petition. He further contended that, in the absence of clearance of the loan, mere representation dated 24.09.2019 submitted by the petitioner to close the loan, the writ petition is not maintainable. The submission is placed on record.
3. At this stage, learned counsel for the petitioner filed Memo dated 03.12.2019, seeking leave of the Court to withdraw the writ petition.
4. The memo is placed on record.
5. The writ petition is dismissed as withdrawn with liberty to the petitioner to approach the bank to pay the amount due or pursue his remedy before the Debts Recovery Tribunal, in accordance with law.
Sd/- JUDGE kcm