IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.38396-38398 OF 2015 C/W.
WRIT PETITION NOS.18436-18440/2015 & 18442/2015 C/W.
WRIT PETITION NOS.24475–24478/2016 & 24479-24482/2016 (GM-RES) IN W.P. NOS.38396-398/2015 BETWEEN:
1. SAI BALAJI SPONGE IRON INDIA PRIVATE LIMITED PLOT NO. 206 & NO.207 KIADB 3RD STAGE MUNDARGI INDUSTRIAL AREA BANGALORE ROAD BELLARY-583102. REPRESENTED BY ITS MANAGING DIRECTOR 2. T. SREEMANNARAYANA S/O. SHRI AMESWARA RAO AGED 43 YEARS RESIDENT OF “SAIBALAJI RESIDENCY" NO.C-6 & D-6, GANDHINAGAR 1ST CROSS BELLARY-583 101.
3. SMT. T. SUNITHA W/O. SRI T. SREEMANNARAYANA AGED 35 YEARS, RESIDENT OF “SAIBALAJI RESIDENCY”
NO.C-6 & D-6, GANDHINAGAR, 1ST CROSS, BELLARY-583 101. ... PETITIONERS (BY SRI X. M. JOSEPH, ADV.) AND:
1. UNION OF INDIA MINISTRY OF FINANCE-
DEPARTMENT OF BANKING 3RD FLOOR, JEEVAN DEEP BUILDING SANSAD MARG NEW DELHI-110 001. BY ITS SECRETARY (FINANCIAL SERVICES) 2. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001.
3. STATE LEVEL BANKERS COMMITTEE KARNATAKA 5TH FLOOR, CORPORATE OFFICE GANDHINAGAR BANGALORE-560 009. REPRESENTED BY ITS CONVENER 4. STATE BANK OF INDIA HEAD OFFICE" "STATE BANK BHAVAN" 8TH FLOOR, MADAME CAMA ROAD NEAR VIDHANA BHAVAN NARIMAN POINT MUMBAI-400 021. REPRESENTED BY ITS MANAGING DIRECTOR.
5. THE ASSISTANT GENERAL MANGER & AUTHORIZED OFFICER UNDER SARFAESI ACT FOR STATE BANK OF INDIA SMALL AND MEDIUM ENTERPRISES BRANCH STATION ROAD BALLARI-583 101.
6. THE DEPUTY COMMISSIONER CUM DISTRICT MAGISTRATE BELLARY DISTRICT, BELLARY-583 101. ... RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A. FOR R2 & R6; M/S. PRABHU AND DAVE, ADV. FOR R3; SRI K. PRAKASH, ADV. FOR R4 & R5;
VIDE ORDER DATED 10.09.2018 A.S.G. FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 & R-2 TO CONSIDER FORMULATING A SCHEME FOR WAIVER OF PORTIONS OF LOAN AND ENTIRE INTEREST ON BANK LOAN FROM DATE OF BANNING IRON ORE MINING AND TRANSPORTATION BY THE GOVERNMENT OF KARNATAKA AND BY THE HON'BLE SUPREME COURT OF INDIA AS HAS BEEN DONE BY THE GOVERNMENT OF GOA [VIDE ANNEX-F & G1] IN RESPECT OF LOANS IN IRON ORE BASED SECTORS AND EXTEND SUCH BENEFIT TO THE LOANS OF PETITIONERS GIVEN BY R-4 FOR MANUFACTURE OF SPONGE IRON FROM IRON ORE AND ETC.
IN W.P.NOS. 18436-18440/2015 & 18442/2015 BETWEEN:
1. BALAJISWAMY PREMIUM STEELS PRIVATE LIMITED PLOT NO.16, KIADB INDUSTRIAL AREA 2ND PHASE, BANGALORE ROAD BELLARY-583 102 BY ITS MANAGING DIRECTOR.
2. BELLARY ISPAT PRIVATE LIMITED PLOT NO.16, KIADB INDUSTRIAL AREA 2ND PHASE BANGALORE ROAD BELLARY-583 102 BY ITS MANAGING DIRECTOR.
3. LAKSHMI BALAJI PRIME ENERGY PRIVATE LIMITED PLOT NO.16, KIADB INDUSTRIAL AREA 2ND PHASE, BANGALORE ROAD BELLARY-583 102 BY ITS MANAGING DIRECTOR 4. T. SRINIVASA RAO S/O. SRI T. AMESWARA RAO AGED 44 YEARS RESIDENT OF DOOR NO.72 LAXMINAGAR SOMASUNDARAM POST BELLARY-583 102.
5. T. AMESWARA RAO S/O. SRI T. AMESWARA RAO AGED 68 YEARS, RESIDENT OF DOOR NO.72 LAXMINAGAR SOMASUNDARAM POST BELLARY-583 102.
6. SMT. T. ARUNA W/O. SRI T. SRINIVASA RAO AGED 38 YEARS RESIDENT OF DOOR NO.72 LAXMINAGAR SOMASUNDARAM POST BELLARY-583 102. ... PETITIONERS (BY SRI X.M. JOSEPH, ADV.) AND:
1. UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF BANKING 3RD FLOOR, JEEVAN DEEP BUILDING SANSAD MARG NEW DELHI-110 001 BY ITS SECRETARY (FINANCIAL SERVICES) 2. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001.
3. STATE LEVEL BANKERS COMMITTEE KARNATAKA 5TH FLOOR, CORPORATE OFFICE GANDHINAGAR BANGALORE 560 009. REPRESENTED BY ITS CONVENER 4. STATE BANK OF INDIA HEAD OFFICE:"STATE BANK BHAVAN" 8TH FLOOR, MADAME CAMA ROAD NEAR VIDHAN BHAVAN NARIMAN POINT MUMBAI-400 021 REPRESENTED BY ITS MANAGING DIRECTOR 5. THE CHIEF MANAGER & AUTHORISED OFFICER STATE BANK OF INDIA STRESSED ASSET MANAGEMENT BRANCH NO.61, 4TH FLOOR "RESIDENCY PLAZA" RESIDENCY ROAD BANGALORE-560 025. ... RESPONDENTS (BY SRI K. RADHESH PRABHU, ADV. FOR R3; SRI M.R. SHASHIDHAR, ADV. FOR R5) V/O. DATED 07.08.2015 G.A. FOR R2 & A.S.G. FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE GOVERNMENT OF INDIA AND GOVERNMENT OF KARNATAKA - R1 AND 2 TO CONSIDER FORMULATING A SCHEME FOR WAIVER OF PORTIONS OF LOAN AND ENTIRE INTEREST ON BANK LOAN FROM DATE OF BANNING IRON ORE MINING AND TRANSPORTATION BY THE GOVERNMENT OF KARNATAKA AND HON'BLE SUPREME COURT OF INDIA AS HAS BEEN DONE BY THE GOVERNMENT OF GOA VIDE ANN-F IN RESPECT OF LOANS IN IRON ORE BASED SECTORS AND EXTEND SUCH BENEFIT TO THE LOANS OF PETITIONERS NO.1 TO 3 GIVEN BY STATE BANK OF INDIA R-4 FOR MANUFACTURE OF SPONGE IRON FROM IRON ORE AND ETC.
IN W.P. NOS. 24475 –244478/2016 & 24479-24482/2016 BETWEEN:
1. BALAJISWAMY PREMIUM STEELS PRIVATE LIMITED PLOT NO.16, KIADB INDUSTRIAL AREA 2ND PHASE, BANGALORE ROAD BELLARY – 583 102 BY ITS MANAGING DIRECTOR.
2. BELLARY ISPAT PRIVATE LIMITED PLOT NO.16, KIADB INDUSTRIAL AREA 2ND PHASE, BANGALORE ROAD BELLARY – 583 102 BY ITS MANAGING DIRECTOR 3. LAKSHMI BALAJI PRIME ENERGY PRIVATE LIMITED PLOT NO.16, KIADB INDUSTRIAL AREA 2ND PHASE, BANGALORE ROAD BELLARY – 583 102.
BY ITS MANAGING DIRECTOR 4. T. SRINIVASA RAO S/O. SRI T. AMESWARA RAO AGED 44 YEARS RESIDENT OF DOOR NO. 72, LAXMINAGAR SOMASUNDARAM POST BELLARY – 583 102.
5. T. AMESWARA RAO S/O. SRI. T. VENKATESHWARALU AGED 68 YEARS RESIDENT OF DOOR NO 72, LAXMINAGAR SOMASUNDARAM POST BELLARY – 583 102.
6. SMT T. ARUNA W/O. SRI T. SRINIVASA RAO AGED 38 YEARS RESIDENT OF DOOR NO 72, LAXMINAGAR SOMASUNDARAM POST BELLARY – 583 102.
7. SHRI TELLA RAMBABU S/O. TELLA RAMAMOHANA RAO AGED 45 YEARS LAKSHMINAGAR CAMP BELLARY-583 103.
8. SRI BALAJI INDUSTRIES PLOT NO.16, KIADB MUDARGI II PHASE BENGALURU ROAD BELLARY – 583 102.
REPRESENTED BY ITS PARTNER SRI RAM RAO. ... PETITIONERS (BY SRI X. M. JOSEPH, ADV.) AND:
1. STATE BANK OF INDIA HEAD OFFICE “STATE BANK BHAVAN” 8TH FLOOR, MADAME CAMA ROAD NEAR VIDHAN BHAVAN NARIMAN POINT MUMBAI – 400 021. REPRESENTED BY ITS MANAGING DIRECTOR 2. THE CHIEF MANAGER & AUTHORISED OFFICER STATE BANK OF INDIA STRESSED ASSET MANAGEMENT BRNACH, NO 61, 4TH FLOOR “RESIDENCY PLAZA “ RESIDENCY ROAD BANGALORE – 560 025. ... RESPONDENTS (BY SRI M.R. SHASHIDHAR, ADV. FOR R2 R1 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI TO SET ASIDE ANNEXURE-A IN REF NO. NIL DATED 26-04-2013, ANNEXURE-A-1 IN REF NO. NIL DATED 26-04-2013 AND ANNEXURE-A-2 IN REF NO.261 DATED 08-01-
2013 ALL ISSUED BY RESPONDENT NO.2 TO THE EXTENT CLASSIFYING THE ACCOUNTS OF PETITIONERS NO.1 TO 3 AS NON-PERFORMING ASSET FOR ONLY REASON OF DEFAULT, CONTRARY TO THE MANDATORY REQUIREMENT TO CLASSIFY THE ASSETS AS EITHER SUB-STANDARD, DOUBTFUL OR LOSS ASSET IN TERMS OF SECTION 2(1)(O) OF SARFAESI ACT 2002, READ WITH RBI PRUDENTIAL NORMS PARA 4 OF ANNEXURE-B DATED 02-07-2012 AND OPPOSED TO PARA 27 AND 28 OF THE JUDGMENT OF THE HON’BLE SUPREME COURT IN KESHAVLAL VIDE ANNEXURE-C DATED 28-01-2015 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN “B” GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners has filed a memo dated 08.03.2019 seeking leave of this Court to withdraw the writ petitions.
The memo is taken on record.
Accordingly, the writ petitions are dismissed as withdrawn.
Sd/- JUDGE ST