IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30483 OF 2019 (GM-RES) BETWEEN:
Udaya G.P. Age 48 years, S/o. Shri Puttachar R/o.Hebbale Village Harishchandrapura Main Road, Goni Koppal Madikeri District - 571 213. … Petitioner (By Sri Hanumanthappa B.Haravi Gowdar, Advocate) AND:
1. The Chief Manager & Authorized Officer Karnataka Bank Ltd., Asset Recovery Management Branch 3rd Floor, Karnataka Bank Building Kodialbail Mangaluru – 575 003.
2. The Manager Karnataka Bank Ltd., Gonikoppal Branch Madikeri District - 571 213. … Respondents - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the sale notice issued by the R-1 dated 09.07.2019 vide Annexure–G; direct the R-1 to consider the representation dated 13.07.2019 vide Annexure – H and etc.
This Petition coming on for Preliminary Hearing this day, the court made the following:-
ORDER Sri Hanumanthappa B. Haravi Gowdar, learned counsel for the petitioner.
2. Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
3. The petition is admitted for hearing and the same is heard finally. Perused the records.
4. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for the following reliefs:-
i) Issue a writ in the nature of certiorari quashing of sale notice issued by the 1st respondent dated 09.07.2019 bearing No: CIN:L85110KA1924PLC001128 vide Annexure-G.
ii) Issue a writ in the nature of mandamus directing the 1st respondent to consider the representation dated 13.07.2019 vide Annexure-H.
iii) Issue a writ in the nature of mandamus directing the 2nd respondent to consider the representation dated 15.07.2019 vide Annexure-J.
iv) Issue a writ or order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.
5. When the matter was taken up today, the learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent No.1 to consider the representations submitted by the petitioner in Annexures-H and J by a speaking order within a fixed time limit.
In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction to respondent No.1 to consider and decide the representations contained in Annexure-H and J in accordance with law by a speaking order within a stipulated period of one week from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE PYR