IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.55666/2017(GM-RES) BETWEEN:
M/S SRI KRISHNA SHELTERS PVT LTD REGISTERED OFFICE AT NO.760, "KRISHNA", 1ST MAIN, 7TH BLOCK, 2ND PHASE, BANASHANKARI 3RD STAGE, BENGALURU 560 085.
REPRESENTED BY ITS MANAGING DIRECTOR SRI. RAGHAVENDRA K.A., S/O ASHWATHNARAYANA RAO, AGED 54 YEARS ...PETITIONER (BY SMT. SANDHYA U PRABHU, ADVOCATE) AND:
1 . AUTHORIZED OFFICER KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH NO.105, 3RD FLOOR, MOHAN MANSION, KASTURBA ROAD, BENGALURU 560 001 REPRESENTED BY ITS AUTHORISED OFFICER 2 . MRS. SRILAKSHMI T .S W/O MR. RAGHAVENDRA K.A NO.760, "KRISHNA", 1ST MAIN, 7TH BLOCK, 2ND PHASE, BANAKSHANKARI 3RD STAGE, BENGALURU 560 085.
...RESPONDENTS (BY SRI Y. V. GOKUL, ADVOCATE FOR SRI Y. V. PARTHASARATHY, ADVOCATE FOR R1; R2 IS SERVED, BUT UNREPRESENTED) **** THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION DATED 7.12.2017 VIDE ANNEXURE-G GIVEN BY THE PETITIONER FOR SALE OF THE PROPERTY THROUGH PRIVATE TREATY ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner in the present writ petition has sought for writ of mandamus directing the respondent – bank to consider the representation of the petitioner dated 7.12.2017 as per Annexure-G for sale of the property through private treaty, raising various contentions.
2. It is the case of the petitioner that it is a private limited company, carrying on business of construction activities represented by its Managing Director. The petitioner is a long standing customer of the 1st respondent and has paid nearly Rs.60 crores EMI and interest for the transactions. Further for expansion of business, the petitioner had availed Over Draft facility of Rs.50,00,00,000/- on 27.3.2015, Bank Guarantee facility of Rs.60,00,00,000/- on 27.3.2015, Letter of Credit facility of Rs.8,00,00,000/- on 27.3.2015, DPN loan of Rs.5,20,00,000/- on 7.9.2013, WCDPN facility of Rs.6,00,00,000/- on 30.7.2015 and Term loan of Rs.5,00,00,000/- on 17.9.2014.
3. It is further contended that the petitioner had mortgaged the schedule mentioned property at the time of availing the loan. The petitioner had 11 projects in its hand and the total cost of the work was Rs.397.5 crores and the purpose of availing the loan was only for the work order of the projects in the hands of the petitioner. The respondent – bank has previously put the property in question for Rs.3.30 crores as per Annexure-E. Now, the petitioner has a buyer who is ready to purchase the property for an amount of Rs.3.40 crores. Therefore, the petitioner made representation to the 1st respondent – bank on 7.12.2017 as per Annexure-G. The same has not been considered nor passed order. Therefore, the petitioner is before this Court for the relief sought for.
4. Today, Sri Y.V. Gokul, learned counsel for Respondent No.1 has filed memo dated 3.12.2019 stating that the very writ petition filed against the respondent – bank is not maintainable in view of the dictum of the Division Bench of this Court in Writ Appeal No.3394 of 2016 that ‘bank’ is not a State and further, the representation of the petitioner dated 7.12.2017 as per Annexure-G has been considered by the respondent – bank and sent reply to the petitioner rejecting the same on 17.1.2018. In view of consideration of the representation by the respondent - bank on 17.1.2018 itself, the very prayer sought in the present writ petition does not survive for consideration.
5. The said submissions are placed on record.
6. In view of the above, it is clear that the respondent – bank has already considered the representation made by the petitioner (Annexure-G) and given reply to the petitioner on 17.1.2018 itself. Therefore, the prayer sought for in the present writ petition does not survive for consideration.
Accordingly, the writ petition is dismissed as does not survive for consideration.
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JUDGE