IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53530 OF 2018 (GM - RES) Between:
Sri. Mohana H.S., S/o Shankarappa, Aged about 26 years, #166, Sri Souparnika Nilaya, D.S.Palya, Antappa Layout, Near Kalyani Magnum, Bilekahalli – 560 076, Bengaluru City.
…Petitioner (By Smt.Rattihalli Geetha Veeranna, Adv., for Sri.Mohan Kumar D., Adv.,) And:
1. The Manager, Axis Bank, M.G.Road Branch, Bengaluru – 560 001.
2. State of Karnataka, By Halasuru Police Station, Bangalore.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
…Respondents (By Smt. Prathima Honnapura, AGA for R2; Sri.Ganesh Bhat Y.H., Adv., for R1 (Absent)) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned letter dated 07.12.2017 made by R-1 vide Annexure – A and etc., This Writ Petition coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER Smt. Rattihalli Geetha Veeranna, learned counsel, for Sri Mohan Kumar D., learned counsel for the petitioner.
Smt. Prathima Honnapura, learned AGA for respondent No.2.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner, inter alia, prays for following reliefs:
(a) Issue writ in the nature of certiorari to quash the impugned letter dated 7.12.2017 bearing No.AXISB/2017- 18/248/174 made by respondent NO.1 vide Annexure-A;
(b) Issue a writ of mandamus directing the respondent No.1 to reactive the account baring No.91201034295590 of the petitioner.
(c) Issue any such other reliefs/orders as this Hon’ble Court deems fit in the circumstances of the case and for cost in the interest of justice and equity.
4. After arguing the matter to some extent, learned counsel for the petitioner submits that the petitioner may be granted liberty to approach banking ombudsman with regard to her grievances.
5. In view of the aforesaid submission made and in the facts of the case, writ petition is disposed of with liberty to the petitioner to approach the banking ombudsman with regard to his grievances.
Needless to state that, if the petitioner files a complaint before the ombudsman, the same shall be decided expeditiously, within a period of six weeks from the date of receipt of such complaint, after affording an opportunity of hearing to the parties by a speaking order.
Accordingly, writ petition is disposed of.
Sd/- JUDGE Cs/-