Dismissed

M U Achaiah v. the Agriculture Produce Co. Operative Marketing Society (Apcms)

Karnataka HC19 Jul 2022WP/13133/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 to quash an order dated 12.07.2019 and the subsequent sale notice issued by the Assistant Registrar of Co-operative Societies for recovery of dues and auction of property. The court noted the petitioner had previously moved to defer the auction but failed to file the required affidavit or deposit the estimated cost of re-auction. Consequently, the

What did the court decide?

The petition seeking quashal of the impugned order dated 12.07.2019 and the sale notice dated 06.06.2022 stands dismissed.

M U Achaiah Vs the Agriculture Produce Co. Operative… — Company and Corporate | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JULY 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.13133/2022 (CS-RES)

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BETWEEN :

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M. U. ACHAIAH S/O LATE M C UTHAPPA AGED 45 YEARS R/AT BELUMADU VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT - 571 218.

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... PETITIONER

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(BY SRI. KARUMBAIAH T.A., ADVOCATE)

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AND :

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THE AGRICULTURE PRODUCE CO OPERATIVE MARKETING SOCIETY (APCMS) NO.281, VIRAJPET TOWN KODAGU DISTRICT - 571 218 REPT BY ITS MANAGER/CEO. REGISTERED UNDER CO-OP SOCIETY ACT 1912.

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THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCEITIES MADIKERI SUB DIVISION MADIKERI, KODAGU DISTRICT - 571 201.

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... RESPONDENTS (BY SRI.K.S. BHEEMAIAH, ADVOCATE FOR C/R1; SMT. KAVITHA H.C., HCGP FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH VIDE ANNEXURE-C THE ORDER DATED 12.07.2019 PASSED BY THE R-2 IN PROCEEDINGS NO.4/2019-20 PASSED BY THE R-2; QUASH ANNEXURE-D IN EX NO. 80/2021-22 THE SALE NOTICE DATED 06.06.2022 ISSUED BY THE R-2 IN RESPECT OF THE SCHEDULE PROPERTIES.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The petitioner, who has suffered the order dated 12.07.2019 in Proceedings No.4/2019-20 on the file of the Assistant Registrar of Co-operative Societies, Madikeri Division, Madikeri, has impugned the sale Notice issued under the Karnataka Co-operative Societies Rules, 1960. The petitioner's property is brought to sale for recovery of Rs.1,17,30,927/- to enforce the aforesaid order. This Court, on 12.07.2022, recording the submission that the cheques issued by the petitioner towards repayment of the amount are returned without payment and the petitioner would immediately deposit 25% of the notified

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value and indicate the timelines within which remaining 75% would be deposited, had deferred the auction on conditions.

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In terms of such conditions, the petitioner had to file an affidavit indicating the timeline and deposit a sum of Rs.2,00,000/- [Rupees Two lakhs only] as estimated cost of re-auction in the event there is any default. The petitioner has not filed such affidavit. If the petitioner does not dispute the liability and he is unable to point out any infirmity in law in issuance of sale notice, and importantly, if the petitioner is unable to even indicate when he can repay the amount due, there will be no reason for interference.

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Therefore, the petition stands dismissed.

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SD/JUDGE

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AN/-

M U Achaiah v. the Agriculture Produce Co. Operative Marketing Society (Apcms)

Case brief

What is this about?

What did the court decide?

M U Achaiah v. the Agriculture Produce Co. Operative Marketing Society (Apcms)

Case brief

What is this about?

What did the court decide?

What the court decided

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