Petition seeking RBI guidelines and loan moratorium was disposed of as withdrawn after settlement between parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11552 OF 2022 (GM-RES)
BETWEEN:
SMT. SHOBHA NAIK AGED ABOUT 72 YEARS W/O LATE ANANTHA NAIK R/AT HOUSE NO. 113 ANANTHA LAKSHMI NILAYA 5TH CROSS ROAD, G.K.W. LAYOUT V.H.B.C.S. LAYOUT, VIJAYANAGARA BENGALURU - 560 040.
…PETITIONER
(BY SRI. KARTIK S., ADVOCATE)
AND:
REGISTERED AS A HOUSING FINANCE COMPANY U/S 29A (5) OF NATION AT HOUSING BANK ACT, 1987.
AGED ABOUT 35 YEARS S/O LATE ANANTHA NAIK R/AT HOUSE NO. 113 ANANTHA LAKSHMI NILAYA 5TH CROSS ROAD, G.K.W. LAYOUT V.H.B.C.S. LAYOUT, VIJAYANAGARA BENGALURU - 560 040.
ALSO AT PLOT NO. 848, LAGGERE ROAD PEENYA, BENGALURU - 560 058.
AGED ABOUT 31 YEARS W/O PAWAN KUMAR NAIK R/AT HOUSE NO. 113 ANANTHA LAKSHMI NILAYA 5TH CROSS ROAD, G.K.W. LAYOUT V.H.B.C.S. LAYOUT, VIJAYANAGARA BENGALURU - 560 040
ALSO AT PLOT NO. 850, 1ST STAGE BEHIND PEENYA LVK GARMENTS BENGALURU - 560 058. …RESPONDENTS
(BY SRI. SURESH V., ADVOCATE FOR R1;
R2 AND R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF RBI GUIDELINES, TO PETITIONER, AND FURTHER GRANT MORATORIUM OF LOAN INSTALMENTS AS PER THOSE GUIDELINES IN CONNECTION WITH THE LOAN ACCOUNT NO.X0HEBAN00001730082 BORROWED FROM R1 FINANCIAL INSTITUTION.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioner has filed a memo seeking leave of this Court to withdraw the petition in view of the settlement arrived at between the parties.
Memo is taken on record.
Accordingly, petition is disposed as withdrawn.
Sd/JUDGE
BKP
List No.: 2 Sl No.: 2/CT:SS
2 provisions across 2 enactments
Smt. Shobha Naik
M/s. Chola Mandalam Investment and Finance Company Ltd.
Pawan Kumar Naik
Namratha N.
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
