Dismissed

Smt S Manjula v. the Karnataka State Cooperative Society

Karnataka HC3 Oct 2023WP/42935/2018

Case brief

AI extract

What is this about?

This writ petition challenged a bank's recovery action due to higher interest demands ignored via representation. The court held the liability was final and dismissed the petition, noting the petitioner could approach authorities if recovery exceeded legitimate dues.

What did the court decide?

Petition dismissed. No order passed directing the respondent bank not to recover the dues it is entitled to.

Smt S Manjula Vs the Karnataka State… — Contract and Commercial Disputes | Karnataka HC (2023)

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1 - NC: 2023:KHC:35568 WP No. 42935 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 42935 OF 2018 (CS-RES)

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BETWEEN:

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SMT. S. MANJULA, AGED ABOUT 50 YEARS, W/O SRI. SHANMUGAM, R/AT NO.11/A, NEW BEL ROAD, 3^RD MAIN, K.G.E LAYOUT, BENGALURU - 560 094.

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…PETITIONER

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(BY SRI. G.R. MOHAN, ADVOCATE)

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AND:

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THE KARNATAKA STATE

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Digitally signed by H K HEMA Location: High Court of Karnataka

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COOPERATIVE SOCIETY, APEX BANK LIMITED, NO.1, 'UTHUNGA' PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560 018, BY ITS SECRETARY.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.132, 2^ND FLOOR, K.H. ROAD, BENGALURU - 560 027.

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…RESPONDENTS (BY SRI. D.K. SRIRAMAPPA, ADVOCATE FOR R1; SRI. SIDHARTH, AGA FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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NC: 2023:KHC:35568 WP No. 42935 of 2018

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DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 24.8.2018 VIDE ANNEXURE-F AND DATED 27.8.2018 AS PER ANNEXURE-G AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has borrowed loan from respondent No.1 - Bank. She committed default in repayment of the same, which resulted in a dispute being raised and it attained finality as per the order passed in Appeal No.139/2013 by KAT. On the ground that amounts were not paid as decreed, the respondent No.1 - Bank, has brought the mortgaged property to sale to recover its dues. The petitioner gave representation to the bank that the amounts sought to be recovered by way of interest is on higher side and she also requested the bank to offer her the benefit under one time settlement scheme. As her representation was not considered, the present writ petition is filed.

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The learned counsel for the respondent No.1 - Bank submits that the recovery initiated is in accordance with law and the representation submitted by the

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3 - NC: 2023:KHC:35568 WP No. 42935 of 2018

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petitioner cannot be acceded to and the petitioner cannot be given benefits of the cost of others and prays for dismissal of the writ petition. It is further submitted that the bank is not demanding any extra amounts as alleged by the petitioner.

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The liability of the petitioner has attained finality as per Appeal No.139/2013. The respondent No.1 - Bank is entitled to recover the amounts due to it. If the recovery sought to be made is more than what is legitimately due, then in that event, the petitioner can always approach the appropriate authority in accordance with law. No order can be passed directing respondent No.1 - Bank not to recover the dues that it is entitled to. With the said observations, the writ petition is hereby

dismissed .

SD/JUDGE

MH/-

CT:SNN

Smt S Manjula v. the Karnataka State Cooperative Society

Case brief

What is this about?

What did the court decide?

Smt S Manjula v. the Karnataka State Cooperative Society

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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