Disposed

M/S. Swamy Agro Impliments v. the Manager

Karnataka HC16 Feb 2023WP/100321/2023

Case brief

AI extract

What is this about?

The High Court intermeddled in a writ petition challenging an e-auction notice and seeking enforcement of an OTS scheme. The court accepted the petitioner's undertaking to deposit the balance amount by 23/02/2023. Consequently, it directed the respondents to consider the petitioner's representations by 04/03/2023, pending full payment.

What did the court decide?

Respondents directed to consider petitioner's representations and pass orders by 04/03/2023, pending deposit of balance amount by 23/02/2023.

M/S. Swamy Agro Impliments Vs the Manager — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - WP No. 100321 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO. 100321 OF 2023 (GM-RES)

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BETWEEN:

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M/S. SWAMY AGRO IMPLIMENTS BY ITS PROPRIETOR MR VISHWANTH B GACHCHINMATH AGE 52 YEARS OCC PROPRIETOR R/O BILLUR GALLI NEAR JAVALIKOT BAILHONGAL BELAGAVI 591102

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…PETITIONER

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(BY SRI. V M SHEELVANT.,ADVOCATE)

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AND:

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THE MANAGER KARNATAKA BANK LTD Digitally signed by BAILHONGAL BRANCH CHANDRASHEKARLAXMAN GROUND FLOOR KATTIMANI OZONE COMPLEX Location: High Court of Karnataka, MOTIBAG INDUSTRY COMPOUND Dharwad BELGAVI ROAD BAILHONGAL 591102 2. THE ZONAL MANAGER KARNATAKA BANK LIMITED ARMB HUBBALLI CTS NO 122/108 PB NO 499 KARNATAKA BANK BUILDING 3RD FLOOR NEW COTTON MARKET HUBBALLI

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THE CHIEF MANAGER AND AUTHORIZED OFFICER KARNATAKA BANK LTD BAILHONGAL BRANCH

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WP No. 100321 of 2023

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GROUND FLOOR OZONE OMPLEX MOTIBAG INDUSTRY COMPOUND BELGAVI ROAD BAILHONGAL 591102

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…RESPONDENTS

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(BY SRI. GIRISH S HULMANI., ADVOCATE)

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THIS WP IS FILED PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE E-AUCTION NOTIFICATION AUCTIONING THE PROPERTIES OF THE PETITIONERS FAMILY MEMBERS SCHEDULED ON 18/01/2023 FROM 11 AM TO 12 NOON, ISSUED BY RESPONDENT NO.3 PRODUCED AT ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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1. In this writ petition, petitioner has sought the following

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reliefs.

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a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the E- Auction notification auctioning the properties of the petitioner’s family members scheduled on 18/01/2023 from 11 am to 12 noon, issued by respondent no.3 produced at Annexure-G in the interest of justice and equity.

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WP No. 100321 of 2023

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b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to consider the representation of the petitioner dated 7/1/2022 and 28/12/2022 produced at Annexures-E and F respectively and facilitate OTS scheme in the interest of justice and equity.

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c) Grant such other reliefs that this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity.

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Heard the learned counsel appearing for the parties.

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Learned counsel appearing for the petitioner submits that as directed by this Court to deposit sum of Rs.10,00,000/-, the petitioner has deposited sum of Rs.5,00,000/- and the balance amount of Rs.5,00,000/- would be deposited on or before 23/2/2023 and petition may be disposed of directing the respondents to consider and take appropriate decision/pass appropriate orders on the representations produced at Annexures -E and F, submitted by the petitioner, in accordance with law.

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WP No. 100321 of 2023

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Per contra, learned counsel appearing for the respondents submitted that there is no merit in the petition and the same is not maintainable and accordingly, he sought for dismissal of the petition.

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In view of the submission made by the learned counsel appearing for the petitioner that he would deposit sum of Rs.5,00,000/- on or before 23/2/2023 in addition to sum of Rs.5,00,000/- already deposited by him, I deem it appropriate to dispose of the petition, directing the respondents-Bank to consider and take appropriate decision/pass appropriate orders on the representations produced at Annexures-E and F dated 7/1/2022 and 28/12/2022 respectively on or before 4/3/ 2023.

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It is further directed that subject to the petitioner depositing sum of Rs.5,00,000/- as stated supra on or before 22/3/2023, the interim order passed in the present petition shall remain in force till 4/3/2023.

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WP No. 100321 of 2023

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It is made clear that in the event, the petitioner fails to deposit sum of Rs.5,00,000/- on or before 23/2/2023, the present order shall stand automatically revoked without reference to Bench or further orders of the Court.

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SD JUDGE

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VB List No.: 1 Sl No.: 67

M/S. Swamy Agro Impliments v. the Manager

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M/S. Swamy Agro Impliments v. the Manager

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