IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.29950-29951/2019 (GM-RES) BETWEEN:
1. SRI. N. SURESH, S/O LATE SRI NANJE GOWDA, AGED ABOUT 48 YEARS, R/O NO.79, MILK DAIRY ROAD, SANTHEKADUR, SHIVAMOGGA-577 222.
2. SMT. GAYATHRI, W/O SRI.N.SURESH, AGED ABOUT 44 YEARS, R/O NO.79, MILK DAIRY ROAD, SANTHEKADUR, SHIVAMOGGA-577 222.
(BY SRI.PRASHANTH.H.S, ADVOCATE) AND:
1. THE SOUTH INDIAN BANK LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, ... PETITIONERS HAVING ITS HEAD OFFICE AT THRISSUR, KERALA STATE, AND HAVING BRANCH AT B.H.ROAD, SHIVAMOGGA, REPRESENTED BY ITS SENIOR MANAGER AND GPA HOLDER SRI. DARSHAN.S.
2. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201.
3. THE TAHASILDAR, SHIVAMOGGA TALUK, SHIVAMOGGA-577201.
... RESPONDENTS (BY SRI.NARAYANA SHENOY, ADVOCATE FOR R1; SMT.PRATHIMA HONNAPURE, AGA FOR R2 & R3; (MA NOT FILED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED NIL./07/2019 PASSED BY THE R-3 HEREIN IN PROCEEDING RECEIVED BY THE PETITIONER ON 12.07.2019, VIDE ANNEXURE-A.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Prashanth.H.S, learned counsel for the petitioners.
Sri.Narayana Shenoy, learned counsel for the respondent No.1. Smt.Prathima Honnapure, learned Additional Government Advocate for Respondents 2 and 3.
2. The petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In these petitions, the petitioner inter alia has prayed for the following reliefs:
(a) Issue a Writ of Certiorari to set aside the order dated NIL/07/2019 passed by the 3rd Respondent herein in proceeding bearing No. MAG(3) Sarfa ESI. CR-14/2019-20, received by the petitioner on 12/07/2019, vide Annexure-A.
(b) Issue a Writ of Certiorari to set aside the order dated 09/05/2019, bearing No. SMGDC - MAG3/SURF/21/2019 (3266), passed by the 2nd respondent herein, vide Annexure-B.
(c) Pass such other order/orders as this Hon’ble Court may deem fit to grant under the facts and circumstances of the case.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner had taken a housing loan from the respondent-Bank and the petitioner is ready and willing to settle the loan account within a period of six weeks from today before the Lok Adalath.
5. The aforesaid prayer has not been fairly opposed by learned counsel for respondent-bank.
6. In view of submissions made and in the facts of the case, the Petitions are disposed of with a direction that in case petitioner deposits the amount due and produces the receipt before the Lok Adalath within a period of six weeks from today, the loan account of the petitioner shall be closed. It is made clear that in case the petitioner makes any default in making payment of the amount of loan, the respondents shall be at liberty to proceed in accordance with law.
Petitions are disposed of BNV Sd/- JUDGE