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 NOs.567/2018 & 687/2018 (GM-RES) BETWEEN:
1. SMT SAKINA KHALID W/O KAHLID MOHAMED AGED ABOUT 55 YEARS AT # 305, AIWAN E KHALID WHEELERS ROAD, EXTENSION COOKE TOWN, BENGALURU 560 084.
1. MR. KHALID MOHAMMED W/O KHALID MOHAMED AGED ABOUT 44 YEARS AT # 305, AIWAN E KHALID WHEELERS ROAD, EXTENSION COOKE TOWN, BENGALURU 560 084.
(By Smt. SANDHYA U. PRABHU, ADV.) AND:
THE AUTHORIZED OFFICER CANARA BANK CANTONMENT BRANCH M G ROAD, BANGALORE 560001.
(By Mr. C. VINAY SWAMY, ADV.,) - - -
… PETITIONERS … RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO CONSIDER THE REPRESENTATION DATED 15.12.2017 VIDE ANNEX-S GIVEN BY THE PETITIONER TO THE RESPONDENT FOR EXTENSION OF TIME. GRANT AN INTERIM ORDER TO DIRECT RESPONDENT NOT TO TAKE ANY COERCIVE STEPS IN SO FAR AS THE MORTGAGED PROPERTY AND THE PROPERTY MENTIONED IN THE SCHEDULE AS MENTIONED IN THIS W.P & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Sandhya U.Prabhu, learned counsel for the petitioners.
Sri.C.Vinay Swamy, learned counsel for the respondent.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following reliefs:
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:
a) Issuance of writ of mandamus directing the respondent bank to consider the representation dated 15-12-2017 vide Annexure-S given by the petitioner to the respondent for extension of time.
b) Grant any other relief as this Hon’ble court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the writ petition be disposed of with a direction to respondent-Bank to decide the representation submitted by the petitioner dated 15.12.2017, which is pending consideration before him in accordance with law. On the other hand, learned counsel for the respondent submitted that suitable action in accordance with law shall be taken.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to respondent-Bank to consider the representation submitted by the petitioners if not already decided by a speaking order after affording an opportunity of hearing to all the necessary parties within a period of four weeks from the date of receipt of the certified copy of the order passed today.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS