IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.47423-47425/2018 & 48446-48454/2018 C/W WRIT PETITION NOs.47421-47422/2018 (GM-RES) WRIT PETITION NOs.47423-47425/2018 & 48446-48454/2018 BETWEEN:
1. SMT. UMA S W/O SREENIVASA N AGED 51 YEARS R/AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
2. MR. SREENIVASA N S/O LATE NARAYANA SETTY R AGED 59 YEARS R/AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
3. SMT BHAVANA S D/O SREENIVASA N AGED 26 YEARS R/AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
(BY MR. VIGNESH SHETTY, ADV.) … PETITIONERS AND:
1. VYSYA CO-OPERATIVE BANK LTD ADMINISTRATIVE OFFICE SRI SHIVAKUMARA SWAMI CIRCLE B H ROAD , TUMKUR-572102.
2. M/S VAISHNAVI BRICK INDUSTRIES HAVING ADDRESS AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
3. M/S VAISHNAVI INFRASTRUCTURE CORRIDOR ENTERPRISES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ADDRESS AT 43/1 NEXT TO UNION BANK OF INDIA TUMKUR MAIN ROAD YEHSWANTHPUR, BANGALORE-560022.
4. M/S BHAVANA FARMS HAVING ADDRESS AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
5. M/S BHAVANA BRICKS & BLOCKS HAVING ADDRESS AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
6. M/S BHAVANA SHELTERS PVT LTD HAVING ADDRESS AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
… RESPONDENTS (BY MR. MANOHAR B.K. ADV., FOR R1 V/O DTD:15/11/2018 NOTICE TO R2 TO R6 IS DISPENSED WITH) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO PERMIT THE PETITIONERS TO SETTLE THE LIABILITIES BY WAY OF SALE OR CONVEYANCE OF RIGHTS IN SECURED ASSETS BY ISSUING NOC IN FAVOR OF PETITIONERS & ETC.
WRIT PETITION NOs.47421-47422/2018 BETWEEN:
1. SMT. UMA S W/O SREENIVASA N AGED ABOUT 51 YEARS R/AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
2. MR. SREENIVASA N S/O LATE NARAYANA SHETTY R AGED ABOUT 59 YEARS R/AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
… PETITIONERS (BY MR. VIGNESH SHETTY, ADV.) AND:
1. VYSYA CO-OPERATIVE BANK LTD ADMINISTRATIVE OFFICE SRI SHIVAKUMARA SWAMI CIRCLE B H ROAD, TUMKUR -572102.
2. M/S NAG CONSTRUCTIONS NO.535, 18TH CROSS 1ST BLOCK, R T NAGAR BANGALORE-560032.
3. MR NAGARAJA R S/O RAMAIAH R AGED 55 YEARS MANAGING PARTNER OF M/S NAG CONSTRUCTIONS HAVING ADDRESS AT NO.535, 18TH CROSS, 1ST BLOCK R T NAGAR BANGALORE-560032 4. MR JAGADEESHA NAYAKA R S/O RAMA NAYAKA AGED ABOUT 32 YEARS PARTNER OF M/S NAG CONSTRUCTIONS RESIDING AT NO.176, 7TH CROSS FIRST MAIN ROAD, INDUSTRIAL TOWN BASAVESHWARA NAGARA, BANGALORE-560079.
5. MR SHAMASUNDERA N S/O MADHAVA RAO N AGED 57 YEARS PARTNER OF M/S NAG CONSTRUCTIONS RESIDING AT NO.227, 4TH CROSS BALAJI LAYOUT, MALLATHAHALLI BANGALORE-560056.
6. SMT ANITHA S W/O SREENIVASA N AGED ABOUT 47 YEARS RESIDING AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
7. SRI BHAVANA S D/O SREENIVASA N AGED 26 YEARS RESIDING AT NO.208, 2ND MAIN ROAD MAHALAKSHMI LAYOUT BANGALORE-560086.
… RESPONDENTS (BY MR. B.K. MANOHAR, ADV., FOR R1 V/O DTD:9/11/2018, NOTICE TO R2 TO R7 IS DISPENSED WITH) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO PERMIT THE PETITIONERS TO SETTLE THE LIABILITIES BY WAY OF SALE OR CONVEYANCE OF RIGHTS IN SECURED ASSETS BY ISSUING NOC IN FAVOR OF PETITIONER & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioners are seeking for a writ of mandamus directing respondent No.1 Bank to permit the petitioners to settle the liabilities by way of sale or conveyance of rights in secured assets by issuing NOC in favour of petitioners.
2. Accordingly, the writ petitions are disposed of with liberty to the petitioners that in case a representation with regard to the grievance raised in the petition is made to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation. 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 SS