IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.59429 OF 2016 AND W.P.NOs. 59495-499 OF 2016 (GM-RES) BETWEEN:
M/S ZEN POWER CONSTRUCTION INDIA PVT LTD NO.1 YAMUNA BAI ROAD MADHAVANAGARA BENGALURU – 560001 REP BY THE MANAGING DIRECTOR MR K GOPALAKRISHNA. … PETITIONER (By SMT. KAVITHA D, ADV.) AND:
1. RESERVE BANK OF INDIA DEPARTMENT OF BANKING SUPERVISION NRUPATHUNGA ROAD BENGALURU 560001 REP BY THE GENERAL MANAGER.
2. M/S KARNATAKA BANK LIMITED ASSET RECOVERY MANAGEMENT BRANCH NO.105, MOHAN MANSION 2ND FLOOR KASTURABA ROAD BENGALURU 560001 REP BY CHIEF MANAGER/ AUTHORISED OFFICER. … RESPONDENTS (By Mr.K V SHYAMAPRASADA, ADV. FOR R-2 R-1 SERVED AND UNREPRESENTED) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATIONS DTD.14.12.2015, 14.10.2016 & 15.11.2016 SUBMITTED BY THE PETITIONER VIDE ANENX-E, M & P., AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:-
ORDER Smt.Kavita D., learned counsel for the petitioner.
Sri.K.V.Shyamaprasada, learned counsel for the respondent No.2.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner inter alia seeks for a direction to the respondent No.2 to consider the representations dated 14.12.2015, 14.10.2016 and 15.11.2016 submitted by the petitioner under Annexures-E, M and P.
4. When the petitions were taken up today, learned counsel for the petitioners submitted that the representations for settlement of the loan account under the ‘One Time Settlement’ Scheme may be considered.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction that the representations under the ‘One Time Settlement’ scheme submitted by the petitioner may be decided by the competent authority of the respondent - Bank, if not already decided, within four weeks from the date of receipt of certified copy of the order passed today. With regard to the other relief which has been claimed by the petitioner, the petitioner is at liberty to take recourse to such remedy as may be available to them under the law. Interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE RV