High Court disposed of a writ petition seeking quashing of bank notices and regularization of account. Court held that interim order conditions were not complied with, ending the petition.
The writ petition was disposed of as petitioner failed to comply with interim order conditions.
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NC: 2024:KHC:21126 WP No. 7036 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7036 OF 2023 (GM-RES)
BETWEEN:
MR. MAHENDRA BABU GADADOSS AGED ABOUT 53 YEARS, S/O G SRINIVASA RAJA RAM NO 1235/11, 3RD WEST CROSS, 1ST STAGE, 4TH PHASE, L N COLONY, GOKULA, YASHWANTHPURA, BANGALORE – 560 022.
…PETITIONER
(BY SRI. NAVEED AHMED, ADVOCATE)
AND:
AXIS BANK LIMITED REPRESENTED BY ITS AUTHORISED OFFICER FOR ABI ASSET RECOVERY BRANCH, MANAGER, O/AT NO 41, SESHADRI ROAD, ANAND RAO CIRCLE, BANGALORE, KARNATAKA – 560 009.
Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI. FRANCIS XAVIER, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES VIDE DATED 21.10.2021 ISSUED BY THE RESPONDENT BANK AT ANNEXURE-A AND DIRECTING THE RESPONDENT BANK TO REGULARIZE THE ACCOUNT OF THE PEITIONER AS HE IS PAYING REGULAR EMIS FROM THE DATE OF ISSUANCE OF THE IMPUGNED NOTICE DATED 21.10.2021 AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:21126 WP No. 7036 of 2023
ORDER
In this petition the petitioner seeks the following reliefs:
“a) Issue Writ in the nature of Certiorari Quashing impugned notices vide dated 21.10.2021 issued by Respondent Bank at Annexure-A.
b) Issue Writ in the nature of Mandamus directing the respondent bank to regularize the account of the petitioner as he is paying regular EMIs from the date of issuance of the impugned notice dated 21.10.2021 at Annexure-A.
c) Issue Writ in the nature of Mandamus directing the Respondent Bank to extend the one-time settlement scheme to the petitioners.
d) Pass such other orders or further orders as this Hon’ble Court deems under the facts and circumstances of the case.”
order:
“Heard the learned counsel for the petitioner and the learned counsel for respondent.
The petitioner is calling in question a notice dated 21.10.2021, issued by the respondent.
Learned counsel for the petitioner submits that substantial payment would be made to make the account regular, if reasonable time is granted.
NC: 2024:KHC:21126 WP No. 7036 of 2023
Therefore, there shall be an interim order of stay of the notice dated 21.10.2021 and all further proceedings pursuant to the said notice, subject to the petitioner depositing 30% of the outstanding amount, within eight weeks, in the following manner:
1. The petitioner shall deposit 15% within four weeks from today.
2. Remainder of 15% shall be paid within four weeks, thereafter.
3. Any deviation in paying the aforesaid amount within the time line as stipulated hereinabove, even of the first instance, would entail vacation of the interim order and would also run the risk of dismissal of the petition itself.”
Smt. Sirisha.G., W/o Sri. Mahendra Babu Gadadoss, the petitioner in W.P.No.7036/2023 and W.P.No.15476/2023 is physically present before this Court and seeks short accommodation.
The said request/submission is vehemently opposed by the learned counsel for the respondentBank who points out that conditional interim orders passed by this Court in W.P.No.7036/2023 and W.P.No.15476/2023 have not been complied by the petitioner- Sri. Mahendra Babu Gadadoss even till today. It is also submitted that Smt. Sirisha.G., W/o Sri. Mahendra Babu Gadadoss, petitioner herein also
preferred W.P.No.28960/2023, in which, conditional interim order was passed by this Court and since same was not complied by her, this Court disposed of the said W.P.No.28960/2023 vide Final Order dated 05.06.2024.
Learned counsel for the respondent-Bank also submitted that Smt. Sirisha.G., has filed an appeal in S.A.No.513/2023, which is currently before the Debts Recovery Tribunal, Bengaluru and stands posted on 14.06.2024 for arguments. It is therefore submitted that nothing further survives in the present petition and same be accordingly disposed off.
Smt. Sirisha.G., W/o petitioner-Sri. Mahendra Babu Gadadoss seeks time. As a last chance, finally relist this matter on 13.06.2024.
Sd/JUDGE
BMC
List No.: 1 Sl No.: 8
Mr. Mahendra Babu Gadadoss
Axis Bank Limited
S.R.Krishna Kumar
As recorded by the court registry
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