M/S. Quality Tiles v. the Assistant Registrar of Co-Operative
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THE HIGH COURT OF KARNATAKA DHARWAD BENCH…
THE HIGH COURT OF KARNATAKA DHARWAD BENCH…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER 2013
BEFORE
THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS
WRIT PETITION No. 79416/2013 (CS-DAS)
BETWEEN :
M/S. QUALITY TILES REP. BY ITS MANAGING PARTNER SACHIN, S/O. PUNDALIK DAKARE AGE 40 YEARS, R/O. BORAGAON CHIKODI TQ., BELGAUM DIST.
… PETITIONER
(BY Sri. SHIVARAJ P MUDHOL, ADV.) AND :
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BORAGAON BRANCH REP. BY ITS MANAGER MAIN ROAD, BORGAON TQ. CHIKODI, BELGAUM DIST.
(BY Smt. K VIDYAVATHI, AGA, FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO QUASH THE IMPUGNED ORDER DATED 12.12.2005 PASSED BY RESPONDENT No. 1 VIDE ANNEXURE A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R
Smt. Vidyavathi, learned Additional Government Advocate is
directed to take notice for respondent No. 1.
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the nature of certiorari to quash the order dated 12.12.2005 – Annexure A – the confirmation of sale and Annexure B - the sale proceedings.
interfere with the sale proceedings and confirmation of sale. However if there is any lacuna in the procedure followed in the matter of sale and confirmation of sale it is open for the petitioner to
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work out its remedy in accordance with law before the appropriate forum. Accordingly, the writ petition is hereby rejected.
file memo of appearance within three weeks.
Sd/JUDGE
Lrs.
2 issues framed by the court
Whether the High Court can quash the confirmation of sale and sale proceedings in a writ petition.
Whether there is any lacuna in the procedure followed in the matter of sale and confirmation of sale requiring court intervention.
M/S. QUALITY TILES REP. BY ITS MANAGING PARTNER SACHIN
THE ASST. REGISTRAR OF COOPERATIVE SOCIETIES
THE SALE OFFICER SADALAGA URBAN SOUHARDA BANK NIYAMIT
SADALAGA URBAN SOUHARDA SAHAKARI BANK NIYAMIT BORAGAON BRANCH
Sri. BABASAHEB
H.N. NAGAMOHAN DAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court