- 1 - NC: 2025:KHC:9965 WP No. 25959 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25959 OF 2024 (GM-RES) BETWEEN: KRISHNAMURTHY H. A., S/O ANANTHAPPA D., AGED BOUT 42 YEARS, RESIDING AT NO. 5, 8TH MAIN ROAD, J. C. NAGAR, KURUBARAHALLI, BANGALORE - 560 086. …PETITIONER (BY SRI. H. S. SANTHOSH, ADVOCATE) AND: THE MANAGER, PIRAMAL CAPITAL AND HOUSING FINANCE, 1347/36, 2ND FLOOR, RAGIGUDDA CIRCLE, SOUTH EN. MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE - 560 069. …RESPONDENT (BY SMT. SREEDEVI K.B., ADVOCATE FOR SRI. JAI. M.PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION / NOTICE DATED 30.05.2024 VIDE ANNEXURE-A AND DIRECT THE RESPONDENT BANK TO TAKE THE POSSESSION OF THE SCHEDULE B FLAT AND PUT THE SAME IN AUCTION AND TO GET THE SALE PROCEEDS AND TO PAY THE EXCESS AMOUNT TO THE PETITIONER AFTER ADJUSTING THE AMOUNT TO THE BALANCE LOAN AMOUNT VIDE ANNEXURE-A. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9965 WP No. 25959 of 2024 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "(a) Issue a writ of Mandamus directing the respondent bank to consider the representation / notice dated 30.05.2024 Vide ANNEXURE A; and (b) Issue a writ of Mandamus direct the respondent bank to take the possession of the schedule B Flat and put the same in auction and to get the sale proceeds and to pay the excess amount to the petitioner after adjusting the amount to the balance loan amount Vide ANNEXURE A; and (c) Grant such other relief/s as this Hon'ble Court deems fit & proper in the interest of justice &equity." 2. The petitioner has caused a legal notice/ representation upon the respondent seeking closure of the account and taking over of the vacant possession of the property. The representation has not met its consideration. Therefore, the petitioner is before this Court. 3. Learned counsel appearing for the respondent- Finance would submit that if the petitioner is giving vacant - 3 - NC: 2025:KHC:9965 WP No. 25959 of 2024 possession of the property, they are prepared to take and close the loan account of the petitioner. 4. In the light of the said submission, the only direction that can be issued at this juncture is consideration of the representation of the petitioner for the purpose of which it is rendered. 5. In the event the petitioner would comply with the said condition, the representation be considered and appropriate orders be passed in accordance with law, within a period of eight weeks from the date of receipt of a copy of the order, if not earlier. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE DS CT:TSM List No.: 1 Sl No.: 31