The High Court disposed of the writ petition seeking quashing of an auction notice issued under banking regulations. The court rejected the petition due to the existence of an alternative remedy and non-compliance with an interim deposit order.
The petition is disposed of; the interim order dated 27.07.2022 stands dissolved.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.14956 OF 2022 (CS-RES)
BETWEEN:
MR. MOHAMMED MUQTHAR S/O MR KUNHI AHMED MEMBER SHIP NO.911724 KUNJAL MELPETE, NEELAVARA VILLAGE, UDUPI TALUK - 576 213
... PETITIONER
(BY SRI K.SHASHIKANTH PRASAD, ADVOCATE)
AND:
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REPRESENTED BY CHIEF EXECUTIVE OFFICER, CENTRAL OFFICE , BALIGA ARCADE, VIDYA SAMUDRA MARGA, UDUPI - 576 101
(REGISTERED UNDER THE PROVISION OF SECTION 23 BANKING REGULATION ACT, 1949)
4 . MR. KUNJAL MOHAMMED SHABIR S/O MR. KUNHI AHMED SAHEB, ADULT, MEMBER SHIP NO.912297 K.G MANZIL, NEAR PRIMARY SCHOOL KUNJAL UDUPI TALUK - 576 213
5 . MR. K. A AMEER S/O MR. ABBAS SAHEB ADULT MEMBERSHIP NO. 909745. DOOR.NO.3-26A, GOLIKATTE HAVANJE POST, NEELAVARA VILLAGE, UDUPI TALUK - 576 124
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
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TO (a) QUASH THE AUCTION NOTICE DATED 08.06.2022 FORM NO.9 IN DISPUTE NO.J.R.D/UBF/ 248/2020-21 AND C.E.P.NO./AREUBF/27/2021-22 FOR AUCTION TO BE HELD ON 27.07.2022 ISSUED BY THE RESPONDENT NO.2, ANNEXURE-A; b) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT TO GRANT, UNDER THE CIRCUMSTANCE OF THE PETITION, IN THE INTEREST OF JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner has sought for the following relief:
" Quash the Auction Notice dated 08.06.2022 for Form No-9 in Dispute No.J.R.D/UBF/248/2020-21 and C.E.P.No/AREUBF/27/2021-22 for auction to be held on 27.07.2022 by respondent No.2 [Annexure-A]."
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respondent Nos.1 and 2. Perused the material on record.
Subject to the aforesaid directions, the petition stands disposed off.
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Needless to state that in view of disposal of the petition, the interim order dated 27.07.2022 passed in the present petition stands dissolved.
Sd/JUDGE
RR
1 issue framed by the court
Whether the writ petition seeking quashing of auction notice could be entertained when an alternative remedy was available and interim order remained uncomplied.
1 provisions across 1 enactments
MR. MOHAMMED MUQTHAR
THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATIVE SOCIETY
THE REGISTRAR OF CO-OPERATIVE
UDUPI CO-OPERATIVE TOWN BANK LIMITED
MR. KUNJAL MOHAMMED SHABIR
MR. K. A AMEER
S.R. KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
