Suhas R R vs The Chief Manager
2024 Latest Caselaw 6028 Kant

Karnataka High Court

Suhas R R vs The Chief Manager on 28 February, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                            -1-
                                                         NC: 2024:KHC:8305
                                                       WP No. 4348 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                         BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                         WRIT PETITION NO. 4348 OF 2024 (GM-RES)
                 BETWEEN:

                 SUHAS R.R.,
                 S/O R.D.RAMESH RAO
                 SRI SEETRAM MEDICALS
                 SHIVAMOGGA, B.H.ROAD,
                 SHIVAMOGGA.
                                                              ...PETITIONER
                 (BY SRI DEVI PRASAD SHETTY, ADVOCATE)

                 AND:

                 1.    THE CHIEF MANAGER
                       STATE BANK OF INDIA,
                       MAIN BRANCH, SHAROFF COMPLEX,
                       SRI M.V.ROAD
Digitally signed       SHIVAMOGGA - 577 201.
by NAGAVENI
Location: HIGH
COURT OF         2.    REGIONAL MANAGER
KARNATAKA              STATE BANK OF INDIA
                       GRADUATE CO-OPERATIVE
                       SOCIETY BUILDING UPSTAIRS
                       KUVEMPU ROAD,
                       SHIVAMOGGA - 577 201.

                 3.    CHIEF MANAGER / AUTHORISED OFFICER
                       STATE BANK OF INDIA
                       STRESSED ASSETS
                       RECOVERY BRANCH
                               -2-
                                             NC: 2024:KHC:8305
                                         WP No. 4348 of 2024




    3RD FLOOR, BUILDING NO. 11/90
    OPP. TO TRUST WELL HOSPITALS
    NEAR OLD SHIVAJI THEATRE
    J.C.ROAD,
    BENGALURU - 560 002.
                                               ...RESPONDENTS
(BY SRI K.V.LOKESH, ADVOCATE)


    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH NOTICE ISSUED U/S 13(2) OF THE SECURITISATION
AND   RECONSTRUCTION    OF FINANCIAL    ASSETS    AND
ENFORCEMENT OF THE SECURITY INTEREST ACT 2022 OF
BOTH THE LOAN ACCOUNT BEARING A/C NO. CC/32113423885
DTD 26.12.2023 PRODUCED AT ANNEXURE-D AND THE LOAN
ACCOUNT BEARING A/C NO. CC/31561701020 DTD 26.12.2023
PRODUCED AT ANNEXURE-D1 ISSUED BY THE R-3 AND ETC.,


    THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner is before this Court seeking a direction by

issuance of a writ in the nature of mandamus the respondents

- bank to consider his representation for acceptance of OTS

proposal.

2. Heard Sri Devi Prasad Shetty, learned counsel for

petitioner and Sri K.V.Lokesh, learned counsel for respondents.

NC: 2024:KHC:8305

3. This Court would not issue a mandamus to the bank to

consider the OTS proposal of any borrower in terms of the

judgment of the Apex Court rendered in the case of STATE

BANK OF INDIA VS ARVINDRA ELECTRONICS PVT. LTD.

reported in 2022 SCC Online SC 1522. It is for the borrower

to submit a representation to the bank and the bank to

consider the representation and pass necessary orders.

4. Learned counsel for the respondents - bank would

submit that it is already considered and intimation is sent to

the borrower to improve his offer and submit a new proposal.

5. It that be so, it is for the borrower and the bank and

not to draw this Court in the loop of OTS between the bank and

the borrower.

6. With the aforesaid observation, the petition stand

dismissed.

Sd/-

JUDGE