Research › Search › Judgment

Karnataka High Court · body

2022 DIGILAW 1306 (KAR)

Hanume Gowda v. Bangalore City Co Operative Bank Ltd

2022-09-30

KRISHNA S.DIXIT

body2022
JUDGMENT 1. This petition lays a challenge to the coercive action for the recovery of loan in question which is secured by the mortgage of the property. 2. Learned Panel Counsel appearing for the respondent-Bank vehemently opposses the petition contending that earlier the petitioner was before this Court in W.P.No.23950/2021 wherein an interim order was made on 23/12/2021 to make payment of 30% of the amount due and that the petitioner has not made any payment and therefore the writ petition was rejected. So contending, he seeks dismissal of the writ petition. 3. Now the petitioner has field a Memo undertaking to this Court and to the respondent-Bank to clear the outstanding loan within a period of sixty days and therefore reprieve should be granted. In fact, some reprieve was grantee by this Court even while rejecting the aforesaid writ petition with the following observations: "However, it is open to the petitioner to repay the entire amount due within two weeks and gain re-entry to the possession of premise in question after moving this Court in a separate petition." 4. Learned counsel for the petitioner has stated in the Memo that her client would pay immediately Rs. Fifty Lakh within two weeks to show bona fide of the offer. In the above circumstances, justice of the case warrants reprieve being granted to the petitioner, should he comply with the undertaking given to the Court as above. Ordered accordingly and writ petition is disposed off. 5. It is made clear that should the petitioner fail to make the payment as undertaken above, this order shall be treated as the one under Sec. 14 of the SARFAESI Act, 2002 and the jurisdictional police shall assist the respondent-Bank can proceed against the property in accordance with law. 6. However, if the amount is paid as undertaken, the possession of the property shall be restored to the petitioner without brooking any delay. Costs made easy.