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2025 DAILYLAW 92134 (KAR)

MR. WILLIAM PETER JOSEPH v. M/S STATE BANK OF INDIA

WP/8886/2020 · 2025-10-29

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43054 WP No. 8886 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8886 OF 2020 (GM-RES) BETWEEN: 1. MR. WILLIAM PETER JOSEPH S/O. LATE A JOSEPH, AGED ABOUT 53 YEARS R/AT FLAT NO. 403, 3RD FLOOR, CHANDANA APARTMENTS, AMRUTHAHALLI MAIN ROAD, BYATARAYANAPURA, BENGALURU - 560047. 2. MRS. SHEJA WILLIAMS W/O. WILLIAM PETER JOSEPH, AGED ABOUT 46 YEARS R/AT FLAT NO. 403, 3RD FLOOR, CHANDANA APARTMENTS, AMRUTHAHALLI MAIN ROAD, BYATARAYANAPURA, BENGALURU - 560047. 3. MRS. SHEELA NAVEEN W/O. NAVEEN KUMAR K., AGED ABOUT 44 YEARS NO. 31, GHBCSL, 11TH CROSS, III STAGE, BASAVESHWARANAGAR, BENGALURU - 560079. …PETITIONERS (BY SRI. C. PATTABI RAMAN, ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43054 WP No. 8886 of 2020 AND: 1. M/S. STATE BANK OF INDIA RACPC IV, WHITEFIELD (17553), NO. 117, GROUND FLOOR, OPP. VAIDEHI HOSPITAL, WHITEFILED ROAD, BENGALURU 560066, REP BY ITS AUTHORIZED OFFICER / ASSISTANT GENERAL MANAGER. …RESPONDENT (BY SMT. SHEELA DEEPAK, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONERS ON 14.05.2019 (ANNEXURE-F), 29.05.2019 (ANNEXURE-H), 06.03.2020 ( ANNEXURE-R), 09.03.2020 ( ANNEXURE-R1), 31.05.2020 ( ANNEXURE-S) AND 18.06.2020 (ANNEXURE-T).; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43054 WP No. 8886 of 2020 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioners have sought for direction to the respondent-Bank to consider the representations dated 14.05.2019, 29.05.2019, 06.03.2020, 09.03.2020, 31.05.2020 and 18.06.2020 (Annexure-F, H, R, R1, S and T) seeking One Time Settlement in respect of the claim made by the petitioners. 3. It is evident from the representations produced at Annexure–F that the petitioners have requested a reconstruction or restructuring of the housing loan. However, this Court, while exercising its jurisdiction under Article 226 of the Constitution of India, cannot issue a direction to the respondent–Bank in this regard. This position is well settled in view of - 4 - HC-KAR NC: 2025:KHC:43054 WP No. 8886 of 2020 the law laid down by the Hon’ble Supreme Court in the case of Bijnor Urban Co-operative Bank Ltd., vs. Bijnor and Others vs. Meenal Agarwal and Others reported in AIR 2022 SC 56. Following the declaration of law by the Hon'ble Apex Court, this Court is of the considered opinion that the relief sought by the petitioners is not maintainable and cannot be granted in the present proceedings. Accordingly, the writ petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 5