High CourtsSingle Bench(2012) 09 KAR CK 0170

M/s. Shudha Developers, M.N. Dharmavratha and Dr. Shubha Charitha vs Karnataka State Financial Corporation

Karnataka High Court · Decided on 3 September 2012

HON’BLE JUDGES
Mohan Shantanagoudar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No''s. 32966-32967 of 2012 (GM-KSFC)

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Judgment

5 paragraphs · 275 words

Mohan Shantanagoudar

1.

Petitioners have sought for quashing the notice issued to them as per Annexure-C, dated 16.8.2012 by the respondent-KSFC. They have also sought for a direction to the respondents to consider their prayer as made in Annexure-D, dated 28.8.2012 for repayment of principal amount. The notice at Annexure-C merely says that the petitioners should pay the entire amount due, within seven days, if not, further proceedings will take place. It further reveals that inspite of repeated requests and visits by the officials of respondent-KSFC to the work place of petitioners, the amounts are not re-paid.

Such a notice issued by the statutory body need not be interfered with. It is open for the petitioners to approach the respondent-KSFC and to request for leniency after showing their bona fides.

The representation/application at Annexure-D seeking rescheduling of payment of principal amount is dated 28.8.2012. The said application is sent through post as is clear from Annexure-E. The writ petitions are filed on 31.8.2012 i.e., two days after sending such application through post. The very fact that filing of writ petitions within two days of sending such representation seeking rescheduling of payment of principal amount itself clearly goes to show that the petitioners have abused the process of law and the Court. The petitioners will have to give reasonable time to the respondent-KSFC to consider the request of the petitioners as per law. It is not open for the petitioners to rush to this Court immediately after filing of their representation.

Hence, the petitioners are not entitled to the relief as sought for in these writ petitions. Accordingly, writ petitions fail and the same stand dismissed.