IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.14308-14309/2019 (GM-RES) BETWEEN:
SRI NAGESH K.V. S/O VENKATGOWDA AGED 41 YEARS NO.3 & 16, DCC BANK COMPLEX BH ROAD, TARIKERE TOWN AND TALUK CHIKKAMAGALURU-577 228 ... PETITIONER (BY SRI K.N.NITISH FOR SRI K.V.NARASIMHAN, ADVOCATES) AND:
THE CHIKKAMAGALURU DISTRICT CO-OPERATIVE CENTRAL BANK LIMITED CHIKKAMAGALURU REPRESENTED BY ITS MANAGING DIRECTOR ... RESPONDENT (BY SRI B.M.HALASWAMY, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO DISPOSE THE SCHEDULE PREMISES AS PER SECTION 9 OF THE BANKING REGULATION ACT, 1949 WITHIN A TIME FRAME AND WHILE DOING SO CONSIDER THE REQUEST OF THE PETITIONER TO DISPOSE THE SAME IN HIS FAVOUR ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri K.N.Nitish, learned counsel for Sri K.V.Narasimhan, learned counsel for the petitioner.
Sri B.M.Halaswamy, learned counsel for the respondent.
2. The petitions are admitted for hearing. With the consent of the learned Counsel for the parties, the same is heard finally.
3. In these petitions, the petitioner has prayed for a direction to the respondent to dispose of the schedule premises under Section 9 of the Banking Regulation Act, 1949 and in case, the respondent-Bank decides to dispose of the schedule premises to consider the request of the petitioner.
4. When the matter was taken up today, learned counsel for the respondent-Bank submitted that as and when the Bank decides to dispose of the schedule premises, the request of the petitioner shall be considered in accordance with law.
5. In view of the aforesaid submission made and in the facts of the case, the petitions are disposed of with liberty to the respondent-Bank that as and when it decides to dispose of the schedule premises, it shall consider the request of the petitioner in accordance with law.
Accordingly, petitions are disposed of.
Sd/- JUDGE hkh.