IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.7019-7020/2019 (GM-DRT) BETWEEN:
SRI. P. MANJUNATH S/O. SRI. PUTTU GANGAIAH AGED ABOUT 53 YEARS PROPRIETOR MANVAS SPORTS NEHRUNAGAR BRAHMAVARA ROAD HEBRI, KARKALA UDUPI-576 112 ... PETITIONER (BY SRI. L. SREEKANTA RAO, ADV.,) AND:
CANARA BANK MANIPAL BRANCH PAVITHRA RESIDENCY OPP. MIT MANIPAL KARKALA ROAD MANIPAL UDUPI-576 104 ... RESPONDENT (BY SRI. H.S.RUKKOJI RAO, ADV.,) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 11.01.2019 WHEREIN THE ABOVE MATTER WAS POSTED FOR ORDERS (ANNX-A PAGE NO.16) AND DIRECT THE TRIBUNAL BELOW TO CONSIDER AND DISPOSE OF THE APPLICATION FILED BY THE PETITIONER PRAYING FOR LEAVE TO FILE THE WRITTEN STATEMENT (ANNX-D PAGE NO.49) IN ACCORDANCE WITH LAW, BEFORE PASSING THE JUDGMENT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. L.Sreekanta Rao, learned Counsel for the petitioner.
Mr. H.S.Rukkoji Rao, learned Counsel for the respondent.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matters are heard finally.
2. In these writ petitions, petitioners inter alia praying for the following reliefs:
(i) Issue a Writ of Certiorari or such other Writ or order as this Hon’ble Court may deem fit, quashing the order dt.11.01.2019 wherein the above matter was posted for orders; (Annexure A; Pg.No.16);
(ii) Issue a Writ of Mandamus or such other writ or order as this Hon’ble Court may deem fit, directing the Tribunal below to consider and dispose of the Application filed by the Petitioner praying for leave to file the Written Statement (Annexure-D; Pg No.49) in accordance with the law, before passing the judgment;
(iii) Expunge the evidence of the Applicant Bank/Respondent; and (iv) Grant such other relief as this Hon’ble Court may deem fit in the circumstances of the case.
3. Learned counsel for the respondent-Bank submitted that the writ petitions be disposed of with a direction to the Tribunal to consider and dispose of the application filed by the petitioner praying for leave to file the Written Statement. He has no objection to the aforesaid prayer.
4. In view of the aforesaid submission, these writ petitions are disposed of with a direction to the Tribunal to consider and dispose of the application filed by the petitioner after affording an opportunity of hearing the parties within a period of two weeks from the date of receipt of a copy of this order.
5. Accordingly, the petitions are disposed of.
Sd/- JUDGE cp*