Karnataka High Court
Sri Ravindra Kumar vs The State Of Karnataka on 13 April, 2022
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.13170 OF 2013 (CS-RES)
BETWEEN
SRI RAVINDRA KUMAR
AGED 35 YEARS
S/O LATE RAMAKRISHNA BHAT
R/O RUDRAPAADA HOUSE
SUBRAHMANYA, SULLIA TALUK
D.K.-574238 ... PETITIONER
(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF CO-OPERATION
M S BUILDING
BANGALORE-560001
2. THE REGISTRAR OF
CO-OPERATIVE SOCIETIES
KARNATAKA STATE
NO.1, ALI ASKAR ROAD
BANGALORE-560052
3. THE MANGALORE CATHOLIC
CO-OPERATIVE BANK LTD
ADMINISTRATIVE OFFICE
ST. ALOYSIUS COLLEGE ROAD
2
HAMPANAKATTA,
MANGALORE-575001
REP BY ITS MANAGER
4. THE ASST. REGISTRAR OF
CO-OPERATIVE SOCIETIES
AND RECOVERY OFFICER
KARNATAKA STATE CO-OPERATIVE
URBAN BANK
(MAHA MANDALA) COUNCIL LTD.,
NO.132, K H ROAD
BANGALORE-560027. ...RESPONDENTS
(BY SMT. K. SHOBHA, HCGP FOR R1, R2 & R4
SRI. P. KARUNAKARA, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE 3RD RESPONDENT TO ISSUE CLEARANCE
CERTIFICATE TO THE PETITIONER AND ALSO DIRECTION
TO THE 3RD RESPONDENT TO RETURN THE ORIGINAL
TITLE DEEDS TO THE PETITIONER WHICH WAS
DEPOSITED AT THE TIME OF AVAILING THE LOAN AND
ETC.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
R.DEVDAS J., (ORAL):
The petitioner's father late Sri Ramakrishna Bhat had availed a loan of Rs.37,50,000/- from the 3rd respondent -Bank, in the year 2000. After the death of the petitioner's father, his brother Mr. Krishna Kumar Rudrapaada is said to have been taking care of the properties and affairs of the family. However, the said Sri Krishna Kumar Rudrapaada is said to have committed suicide on 12.07.2010 at Mangalore. It is the contention of the petitioner that though the loan availed was Rs.37,50,000/-, by the year 2011, a sum of Rs.57,00,000/- lakhs had been repaid. Nevertheless, when notices were issued for repayment of the outstanding amount along with interest, the petitioner came forward to have the matter settled under One Time Settlement Scheme (OTS scheme).
2. It is seen that the 3rd respondent-Co- operative Bank had itself recommended to the Deputy 4 Registrar of Co-operative Societies in its communication dated 26.05.2012 at Annexure-E that as per the One Time Settlement scheme, if the amount due from the petitioner is calculated with interest at the rate of 10% per annum, then the petitioner would have to pay about Rs.25 lakhs. Therefore permission was sought from the Joint Registrar of Co-operative Societies. To the recommendation made by the Bank, the Deputy Registrar of Co-operative Societies in his communication dated 4.06.2012 further sought the permission of the Joint Registrar of Co-operative Societies to permit settlement of the dues at the rate of 10% p.a. Thereafter, the Registrar of Co-operative Societies has himself passed an order dated 06.08.2012 at Annexure-G permitting the respondent
-Bank to settle the matter by calculating the amount payable at the rate of 10% p.a., but on the condition 5 that the petitioner shall pay the entire amount on or before 30.09.2012.
3. Learned counsel for the petitioner submits that consequent to the intimation given by the respondent-Bank, the petitioner paid a sum of Rs.15,87,884/- and sought for issuance of clearance certificate and to return the documents. However by a communication dated 5.12.2012, the respondent- Bank calls upon the petitioner to pay a sum of Rs.41 lakhs under the OTS scheme. It is also stated that the amount already paid by the petitioner shall be adjusted to the said sum.
4. On going through the communication dated 5.12.2012 at Annexure-J, it is clear that the respondent-Bank has not complied with the orders passed by the Registrar of Co-operative Societies. The communication does not point out to the order dated 06.08.2012 passed by the Registrar of Co-operative 6 Societies. It does not state as to when communication was made to the petitioner consequent to the orders passed by the Registrar. On the other hand, from the legal notice dated 27.12.2012 at Annexure-K, which the petitioner got issued, it is clear that after the Registrar of Co-operative Society passed the order dated 06.08.2012, the Board of the respondent-Bank passed a resolution permitting One Time Settlement and it appears that a communication was made by the respondent-Bank to the petitioner calling upon him to pay a sum of Rs.15,57,884/-, wherein a sum of Rs.11,87,500/- is towards the principal amount and a sum of Rs.3,64,384/- is towards interest at the rate of 10% p.a. on the proposed amount calculated from 28.03.2009 onwards together with Rs.6,000/-. Accordingly, the petitioner has paid the sum of Rs.15,87,884/- through a cheque bearing No.498902 dated 27.09.2012. It is not disputed on the part of the respondent-Bank that the 7 said sum has been received by the Bank. However, what is noticeable is that in the reply caused by the respondent-Bank to the legal notice which was got issued by the petitioner, there is no reference to the Board resolution consequent to the order dated 06.08.2012 passed by the Registrar of Co-operative Societies nor is there any reference to the communication said to have been made to the petitioner. It is therefore clear that the 3rd respondent-Bank has tried to conceal material facts. The assertions of the petitioner that the 3rd respondent-Bank called upon the petitioner to pay a sum of Rs.15,87,884/- which would cover the principal amount as well as interest at the rate of 10% p.a. is required to be accepted. Although learned counsel for the respondent-Bank seeks to draw the attention of this Court to paragraphs No.5 and 6 of the reply dated 15.01.2013 to submit that the Board did not take any decision consequent to the directions issued by the 8 Registrar, nevertheless the learned counsel tries to argue that the Bank never permitted the petitioner to pay Rs.15,87,884/- as the full and final settlement. This argument also cannot be accepted, since there is nothing forthcoming from the reply given by the Bank at Annexure-L as to why the directions given by the Registrar of Co-operative Societies on 06.08.2012 was not followed. If the Registrar required the petitioner to pay the outstanding amount along with the interest calculated at 10% p.a. on or before 30.09.2012, the Bank was required to take a decision on OTS and communicate the same to the petitioner to comply with the directions of the Registrar. Nothing is forthcoming from the reply given to the petitioner as to the decision taken by the Bank. It is therefore the considered opinion of this Court that adverse inference will have to be drawn accepting the contention of the petitioner in terms of the statement made in the legal notice dated 27.12.2012, that the Bank had in fact 9 communicated to the petitioner to pay Rs.15,87,884/- as full and final settlement which includes the principal amount and interest calculated at the rate of 10% p.a.
5. The petitioner has been able to convince this Court that payment of Rs.15,87,884/- was made by the petitioner on 27.09.2012, within the period stipulated in the order dated 06.08.2012 made by the Registrar of Co-operative Societies. That being the case, the petitioner is entitled for the relief claimed in the petition.
6. Consequently, this court proceeds to pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The 3rd respondent-Mangalore Catholic Co-operative Bank Ltd., is hereby directed to issue a clearance certificate to the petitioner and return the original 10 title deeds deposited by the petitioner's father with the 3rd respondent-Bank at the time of availing the loan to the petitioner.
(iii) The 3rd respondent-Bank shall issue the clearance certificate and return original title deeds as directed herein above, within a period of four weeks from the date of receipt of certified copy of this order.
Ordered accordingly.
Sd/-
JUDGE KLY