NANJUNDAPPA S/O LATE MUNISWAMAPPA Vs. VIJAYA BANK

JUDGEMENT

(1.) The petitioner in both these petitions are the same and since the issue arising herein relates to the very transaction under which action has been taken for passing the order for possession as also a request is made for consideration of the representation, both these petitions are taken up together and disposed of by this order.

(2.) The fact that the petitioner has availed the financial assistance from the respondent-Bank is not in dispute. However, due to certain difficult circumstances, the petitioner was unable to repay the amount within the time as stipulated. Pursuant thereto, since the account was treated as 'NPA', the respondent-Bank had issued notice under Sec. 13(2) of the SARFAESI Act and since the amount as claimed has not been paid, further action was initiated under Sec. 13(4) of the SARFAESI Act. Subsequent thereto, the respondent-Bank has secured the order dated 16.11.2015 from the District Magistrate, Kolar under Sec. 14 of the SARFAESI Act.

(3.) The petitioner being aggrieved approached this Court in W.P.No.11786/2016. In the said petition, this Court, through the interim order dated 04.03.2016 has protected the possession of the petitioner. During the pendency of the petition, the petitioner has submitted a representation dated 30.04.2016 to the respondent-Bank seeking to settle and close the loan account, if certain concession is shown to the petitioner and if a consideration is made for 'One Time Settlement' (OTS). The said representation had not been considered by the respondent and in that light, the petition in W.P.No.39533/2016 is filed.