IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.46572 OF 2018 (GM-RES) BETWEEN:
Mrs. Vimala C W/o Chella Muthu Chellayan Aged about 45 years #181, 7th ‘A’ Main Narasipura Vidyaranyapura Bengaluru North Taluk Bengaluru-560 097.
(By Sri. A Kumarvel, Advocate) AND:
The D C B Bank Limited #128, 2nd Floor Prestige Meridian Annex M.G. Road Bengaluru-560 001 Rep. by its Authorized Officer.
(By Sri. V Suresh, Advocate for Sri. Amit Deshpande, Advocate) … Petitioner … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 12.09.2018 issued by the respondent Bank, which is produced as per Annexure-F as the same is atonce illegal and unlawful and etc.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. A. Kumaravel, learned counsel for the petitioner.
Sri. V. Suresh, learned counsel for Sri. Amit Deshpande, learned counsel for the respondent.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition, petitioner inter alia has assailed the validity of the notice dated 12.09.2018 by which the account of the petitioner has been foreclosed.
3. When the matter was taken up today, learned counsel for the petitioner submitted that he has paid the entire amount due to the respondent- Bank.
4. However, on the other hand, learned counsel for the respondent-Bank submitted that one installment is yet to be paid.
5. In view of the aforesaid submission of learned counsel for the respondent-Bank, learned counsel for the petitioner submits that if one installment is yet to be paid by the petitioner, he shall pay the same and pay all the other installments regularly and further submits that petitioner shall be permitted to run the account.
6. In view of the aforesaid submission of learned counsel for the petitioner, learned counsel for the respondent-Bank submits that he has no objection for operation of the account of the petitioner in case the petitioner makes payment of amount due to the respondent-Bank regularly.
7. In view of the aforesaid submissions and in the facts of the case, writ petition is disposed of with liberty to the petitioner that in case he makes payment of one of the installment, which is due and payable to the respondent-Bank and if he continues to make payment on other installments regularly, respondent shall permit him to operate the account.
Sd/- JUDGE Mds/-