(1.) Petitioners being the borrowers are knocking at the doors of writ court for assailing the order dtd. 9/12/2021 entered by the learned X ACMM, Mayo Hall at Bengaluru whereby Respondent-Financial Institution's Crl.Misc. No.50152/2021 having been favoured, the Court Commissioner has been appointed to assist the petitioner in taking possession of the scheduled property with the police aid. The operative portion of the order reads as under:
(2.) Learned counsel appearing for the petitioner vehemently argues that because of COVID-19 pandemic his client was not in a position to make the repayment of debts; the said pandemic is a ground for granting reprieve to the borrowers and therefore such a reprieve should be accorded to his client, consistent with the usual practice in treating borrowers of the kind. Learned Panel Counsel appearing for the bank vehemently opposes the petition drawing the attention of court to the innumerable dishonour of cheques for a very long period, despite bank's warning to the borrower. He contends that, the writ jurisdiction can be invoked by gentlemen who keep up the words and guarantees, and not by those who are chronic defaulters. He also points out the appellate remedy available.
(3.) Having heard the learned counsel for the parties and having perused the petition papers, this court broadly accepts the contention advanced on behalf of the respondent bank and therefore declines indulgence in the matter. The statement of account furnished by the petitioners themselves shows that they are chronic defaulters not only during COVID-19 pandemic but much before & much after. Such persons cannot be permitted to tap the writ jurisdiction constitutionally vested in this court under Article 227. In view of the above, writ petition is dismissed, costs having been made easy.