Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1498 WP No. 19055 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 19055 OF 2021 (GM-RES) BETWEEN:
MRS. JAYAMMA W/O BYRAPPA.G, AGED ABOUT 73 YEARS, NO.1/1, 4TH CROSS, 1ST BLOCK, JAYANAGAR, BANGALORE-KARNATAKA-560 011. …PETITIONER (BY SRI. VIGHNESHWAR SHASTRI., SENIOR ADVOCATE FOR SRI. KIRAN.J., ADVOCATE)
AND:
1. THE GENERAL MANAGER, PNB HOUSING FINANCE LIMITED, 3RD AND 4TH FLOOR, PRESTIGE EMERALD BUILDING, LAVELLE ROAD, BANGALORE-560 001. 2. THE MANAGER, PNB HOUSING FINANCE LIMITED, HEAD OFFICE AT 9TH FLOOR, ANTRIKSHBHAVAN, 22 KASTURBA GANDHI MARG, NEW DELHI-110 011. …RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
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NC: 2025:KHC:1498 WP No. 19055 of 2021
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Vighneshwara Shastri., Senior counsel on behalf of Sri.Kiran.J., for the petitioner and Sri.Francis Xavier., counsel for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs. I. Issue a Wirt of Certiorari or nay other appropriate Writ, order or direction to quash the impugned paper publication dated:25.08.2021 purported to be issued under Section 13(2) of SARFAESI Act in Vishwavani Kannada Daily News Paper by respondent No.1 bearing No.NIL as highly arbitrary & illegal vide Annexure-A. II. Issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the respondents to consider the representations/ objections dated:01.09.2021 given by the petitioner to the respondent bank for issuance of One time Settlement. - 3 -
NC: 2025:KHC:1498 WP No. 19055 of 2021
3. Senior counsel Sri.Vighneshwara Shastri., submits that the petitioner is unable to comply with the order dated
27.11.2024. The oral submission made by Senior counsel is placed on record. As could be seen from the daily order sheet, the petition was listed on 09.01.2025, on that day, counsel for the petitioner had submitted that a sum of Rs.40,00,000/- (Rupees Forty Lakhs only) which was due on 27.12.2024, shall be paid on 13.01.2025. Taking note of the said submission, the petition was ordered to be listed on 15.01.2025. The petition is listed today.
The petitioner pleads her inability to comply with the order dated 27.11.2024. Because of the non-compliance, quashing of paper publication does not arise at this juncture and a mandamus cannot be ordered to consider the representation. The respondents are at liberty to take action in accordance with the law. - 4 -
NC: 2025:KHC:1498 WP No. 19055 of 2021
4. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 19