IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.9223/2019 (GM-RES) BETWEEN:
SRI. KAILSAM.P S/O M.P.M. PANCHAPAKESAN IYER AGED ABOUT 54 YEARS, DIRECTOR OF M/S WHITE HORSE NETWORK SERVICES PVT LTD ’SARADA NILAYA’ NO.15/12, 18TH CROSS MAIN, MALLESHWARAM, BANGALORE -55.
... PETITIONER (By Sri. HARISH KUMAR.M.S, ADVOCATE) AND KARNATAKA BANK LIMITED ASSET RECOVERY MANAGEMENT BRANCH AT NO.105, III FLOOR, MOHAN MANSION, KATURBA ROAD BANGALORE-560001 REPRESENTED BY ITS AUTHORISED OFFICER.
... RESPONDENT (By Sri. K.V.SHYAM PRASAD, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESOPNDENT BANK TO CONSIDER THE REPRESENTATION DATED 20.02.2019 VIDE ANNEXURE-E TO NOT TO ENFORCE ANY ORDER OBTAINED UNDER SARFAESI ACT AGAINST THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Harish Kumar.M.S, learned Counsel for the petitioner.
Mr.K.V.Shyam Prasad, learned Counsel for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks for the following reliefs:
“1. Directing the Respondent Bank to consider the representation dated 20.02.2019 vide Annexure-E to not to enforce any order obtained under SARFAESI Act against the petitioner.
2. Pass such other order or orders as deem fit by this Hon’ble Court on the facts and circumstances of the case in the interest of justice and equity.”
3. Having heard the learned counsel for the parties and taking into account the nature of reliefs sought for by the petitioner, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to consider and decide their representation dated 20.02.2019 by a speaking order within a period of one weeks from the date receipt of certified copy of the order passed today, if not already decided.
Accordingly, the petition stands disposed of.
Sd/- JUDGE ln.