Karnataka High Court
D B And Associates vs State Bank Of India on 21 December, 2018
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION NOS.16240-16241 OF 2017 (GM-RES)
C/W
WRIT PETITION NOS.13549-13550 OF 2017 (GM-RES)
WRIT PETITION NOS.32936-32937 OF 2017 (GM-RES)
In W.P.NOS.16240-241/2017
Between:
1. D.B & Associates
Engineers Private Limited,
No.61, 6th Main, Malleshwaram,
Bengaluru-560 055,
Represented by its
Managing Director V.Dillibabu.
2. V.DilliBabu,
Managing Director,
D.B. & Associates
Engineers Private Limited,
No.61, 6th Main, Malleshwaram,
Bengaluru-560 055. ... Petitioners
(By Sri. Naman Jhabakh.K, Advocate for
Sri.Vivek Holla, for Holla & Holla)
And:
State Bank of India,
2
Stressed Assets Recovery Bank,
1st Floor, Bangalore City Branch,
J.C.Road,
Bengalruu-560 002.
Represented by its
Assistant General Manager. ... Respondent
(By Sri.M.R.Shashidhar, Advocate)
*****
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to quash the letter
dated 5.4.2017 vide Annexure-Y.
In W.P. NOS.13549-550/2017
Between:
1. D.B & Associates
Engineers Private Limited,
No.61, 6th Main, Malleshwaram,
Bengaluru-560 055,
Represented by its
Managing Director V.Dillibabu.
2. V.DilliBabu, 33 years,
Managing Director,
D.B. & Associates
Engineers Private Limited,
No.61, 6th Main, Malleshwaram,
Bengaluru-560 055. ... Petitioners
(By Sri. Naman Jhabakh.K, Advocate for
Sri.Vivek Holla, for Holla & Holla)
And:
3
State Bank of India,
Stressed Assets Recovery Bank,
1st Floor, Bangalore City Branch,
J.C.Road,
Bengalruu-560 002. ... Respondent
(By Sri.M.R.Shashidhar, Advocate)
*****
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to declare that the
petitioners are entitled to close its loan account under the
OTS scheme by making payment of 20% of the OTS
amount due on 23.2.2017 along with interest at 9% p.a.
till the date of payment and the payment of the remaining
sum as per the original OTS scheme.
In W.P.NOS.32936-937/2017
Between:
1. D.B & Associates
Engineers Private Limited,
No.61, 6th Main, Malleshwaram,
Bengaluru-560 055,
Represented by its
Managing Director V.Dillibabu.
2. V.DilliBabu,
Managing Director,
D.B. & Associates
Engineers Private Limited,
No.61, 6th Main, Malleshwaram,
Bengaluru-560 055. ... Petitioners
(By Sri. Naman Jhabakh.K, Advocate for
Sri.Vivek Holla, for Holla & Holla)
4
And:
State Bank of India,
Stressed Assets Recovery Bank,
1st Floor, Bangalore City Branch,
J.C.Road,
Bengalruu-560 002.
Represented by its
Assistant General Manager. ... Respondent
(By Sri.M.R.Shashidhar, Advocate)
*****
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to direct the
respondent bank to permit the petitioners to sell the
properties morefully described in Annexure-B mortgaged
to by them towards the said loans and deposit the sale
proceeds to the extent of the outstanding OTS amount
with the balance.
These Writ Petitions coming on for Orders, this day,
the court made the following:
ORDER
The learned counsel for the petitioners filed memos dated 20.12.2018, 20.12.2018 and 21.12.2018 respectively, duly signed by the petitioner and stated that the petitioner has paid the entire sum due to the respondent - Bank and the respondent - Bank has accepted the same in full and final settlement of all claims 5 and no further amount is due and payable to them. The respondent - Bank has undertaken to forthwith release its charge on the properties and other securities furnished by the petitioner.
The same are taken on record.
In view of the memos filed, writ petitions are disposed of in terms of the memo.
Sd/-
JUDGE Mgn/-