Writ petitioner sought mandamus directing respondent bank to accept a one-time settlement representation letter. Court held that since the bank had issued an auction notice, no issue arose regarding the representation acceptance, and the petition was dismissed.
Writ of mandamus quashed; petition dismissed.
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NC: 2023:KHC:42278 WP No. 3873 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 3873 OF 2021 (CS-RES)
BETWEEN:
… PETITIONER
(BY SRI. S. RAJASHEKAR, ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
O/AT NO.62, 2ND FLOOR, MARGOSA ROAD, 3RD MAIN, 18TH CROSS PIPELINE ROAD, MALLESHWARAM BANGALORE-560 055.
… RESPONDENTS
(BY SRI. A. DEVARAJA, ADVOCATE TAKES NOTICE FOR R1; SRI MILIND DANGE, AGA FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT - BANK TO KINDLY ACCEPT THE REPRESENTATION LETTER DATED 17.02.2021 AS PER ANNEXURE-D TO CLEAR THE ENTIRE DUES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
It is forthcoming that the petitioner in the present
writ petition sought for a mandamus to the respondent No.1 – bank to accept the representation dated 17.2.2021 seeking for one time settlement.
NC: 2023:KHC:42278 WP No. 3873 of 2021
representation dated 17.2.2021 given by the petitioner is not accepted by the respondent bank. In view of the same, the question of issuing a writ of mandamus to consider the representation dated 17.2.2021 does not arise.
Sd/JUDGE
ND List No.: 1 Sl No.: 38
1 issue framed by the court
Whether a writ of mandamus should be issued to direct the bank to accept a one-time settlement representation letter given that an auction notice has already been issued.
MRS. SHANKUNTALA W/O MR DEVENDRA K
M/S SHREE POORNANANDA VIVIDHODHESHA SOUHARDHA SAHAKARI NIYAMITHA
THE DEPUTY REGISTRAR SOUHARDHA SAHAKARI NIGMA
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
