IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.4422 OF 2019(GM-RES) BETWEEN:
SRI CHARAN S/O MUTHAPPA MOOLYA, AGED ABOUT 23 YEARS THULASIVANA HOUSE, VEERAKAMBA VILLAGE, BOLANTHURU POST, BANTWALA TALUK, D.K DISTRICT-574 222 ..PETITIONER (BY SRI SAMEER S.N., ADVOCATE) AND:
THE VIJAYA BANK KALLADKA BRANCH, BRANCH OFFICE AT KALLADAKA, BANTWALA TALUK, D.K DISTRICT-574 222 REPRESENTED BY ITS BRANCH MANAGER ..RESPONDENT (BY SRI N SUKUMAR JAIN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO:
DIRECT RESPONDENT BANK TO DISBURSE THE 3RD INSTALLMENT OF LOAN AMOUNT OF Rs.4,72,000/- IN FAVOUR OF SRI HASANAMABA DENTAL COLLEGE AND HOSPITAL, HASSAN BY CONSIDERING THE LETTER OF THE PETITIONER DATED 27.09.2018, PRODUCED AT ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr.Sameer S.N., learned counsel for the petitioner.
Mr.N.Sukumar Jain, learned counsel for the respondent-bank.
2. Petition is admitted for hearing.
3. With the consent of the learned counsel for the parties, petition is heard finally.
4. In this petition, petitioner has sought the following relief:
“(a) Issue an order, direction or writ in the nature of Mandamus directing respondent bank to disburse the 3rd installment of loan amount of Rs.4,72,000/- in favour of Sri.Hasanamba Dental College and Hospital, Hassan by considering the letter of the petitioner dated 27.09.2018, produced Annexure-E”.
5. When the matter is taken up today, learned counsel for the respondent submitted that in case the petitioner deposits the mortgage money, third installment of loan amount of Rs.4,72,000/- shall be released in favour of petitioner.
6. In view of the aforesaid submission, learned counsel for petitioner submits that he would deposit the mortgage money.
7. In view of the submission made by the learned counsel for the parties and on consideration of facts of the case, writ petition is disposed of directing the petitioner to deposit the mortgage money and the respondent-bank shall issue third installment of loan amount of Rs.4,72,000/- within a period of two weeks from the date of receipt of mortgage money.
Accordingly petition is disposed of.
Sd/- JUDGE SBN