IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.15621-15622 OF 2019 (GM-RES) BETWEEN:
Sri.Venkatesh S/o D.Venkataiah, Aged about 45 years, Proprietor of M/s Mathrushree Enterprises, R/o Ward No.10, Bhovi Colony, H.D.Kote Town, H.D.Kote Taluk, Mysuru District-571 114. … Petitioner (By Sri.D.S.Hosmath, Advocate) AND:
Vijaya Bank, Now Known as Bank of Baroda, Represented by its Authorized Officer, Or Assistant Chief Manager, Sri.M.B.Raju, H.D.Kote Branch, H.D.Kote Town, Mysuru District-571 114. … Respondent (By Sri.Vignesh Shetty, Adv. For C/R-1) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 Bank to consider the representation of the petitioner vide Annexure-C dated 20.02.2019 and pass appropriate orders and etc.
These Writ Petitions coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER Sri.D.S.Hosmath, learned counsel for the petitioner.
Sri.Vignesh Shetty, learned counsel for caveator/respondent.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In these petitions, the petitioner has prayed for the following reliefs:
a) a writ of mandamus directing the respondent – 1 bank to consider the representation of the petitioner vide Annexure – C dated 20-02-2019 and pass appropriate orders.
b) a writ of certiorari quashing possession notice vide Annexure – B dated 14-02-2019 vide No.ROMY:H D KOTE:SARFAESI:2019 issued by the Respondent – 1.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petitions be disposed of with a direction to the competent authority of the respondent Bank to consider the representation dated 20.02.2019 submitted by the petitioner under the ‘One Time Settlement’ Scheme and to pass appropriate orders in accordance with law.
4. On the other hand, learned counsel for respondent Bank submits that in case such representation is still pending, the same shall be dealt with by the respondent Bank in accordance with law.
5. In view of the aforesaid submissions, the writ petitions are disposed of with a direction to the competent authority of the respondent Bank to consider and decide the representation submitted by the petitioner under ‘One Time Settlement’ Scheme within a period of one week from the date of the receipt of the certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE dn/-