Disposed

M/S Laxmi Offset Printers v. the State of Karnataka

Karnataka HC19 Dec 2023WP/103266/2022

Case brief

AI extract

What is this about?

In two connected writ petitions challenging an E-tender notice for a property auction held by a bank, this Court allowed an application to withdraw deposited funds subject to conditions regarding security, but disposed of the main writ petitions as infructuous because the scheduled auction had not taken place.

What did the court decide?

Prayer to withdraw deposited amount Rs. 12,00,000/- allowed partly subject to furnishing security; main writ petitions disposed of as infructuous.

M/S Laxmi Offset Printers Vs the State of Karnataka — Banking and Recovery | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:14873 WP No. 104179 of 2022 C/W. WP No. 103266 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 19^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

¶7

WRIT PETITION NO. 104179 OF 2022 (GM-RES) C/W WRIT PETITION NO. 103266 OF 2022

¶8

IN WP NO.104179/2022

¶9

BETWEEN:

¶10

M/S. LAXMI OFFSET PRINTERS, REPRESENTED BY ITS PROPRIETOR, SHRI. BANDOPANT BHARMA BADAVANACHE, AGE: 55 YEARS, OCC: BUSINESS, R/O. KACHERI ROAD, NEAR COURT BELAGAVI-590001.

¶11

…PETITIONER

¶12

(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)

¶13

AND:

¶14

MOHANKUMAR B SHELAR

¶15

Digitally signed by MOHANKUMAR B SHELAR Date: 2023.12.28 11:12:43 +0530

¶16

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001.

¶17

THE DEPUTY COMMISSIONER, BELAGAVI, D. C. COMPOUND, BELAGAVI, TQ & DIST: BELAGAVI-590001.

¶18

THE ASSISTANT COMMISSIONER, BELAGAVI, D. C. COMPOUND, BELAGAVI-590001.

¶19

THE ASST. COMMISSIONER SPL. LAND ACQUISITION, ASST. COMMISSIONER SPECIAL LAND ACQUISITION OFFICER, HIDKAL DAM, TQ: HUKKERI, DIST: BELAGAVI-591107.

¶20

2 - NC: 2023:KHC-D:14873 WP No. 104179 of 2022 C/W. WP No. 103266 of 2022

¶21

UNION BANK, CHIEF MANAGER/AUTHORIZED OFFICER, REGIONAL OFFICER BELAGAVI, UNION BANK, SAMADEVI GALLI, BRANCH, CTS NO. 3445/18, PARVATI COMPLEX, SAMADEVIGALLI, BELAGAVI-590002.

¶22

THE EXECUTIVE ENGINEER, GRBC DIVISION-2, HIDKAL DAM PROJECT, HIDKAL, TAL- HUKKERI, DISTRICT-BELAGAVI-591 220.

¶23

…RESPONDENTS

¶24

(BY SRI ASHOK T. KATTIMANI, AGA FOR RESPONDENT NO.1 TO 4) (BY SRI GIRISH S. HULAMANI, ADVOCATE FOR RESPONDENT NO.5) (BY SRI K. S. PATIL, ADVOCATE FOR RESPONDENT NO.6)

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION BY QUASHING THE NOTICE OF E-TENDER NOTICE ISSUED BY THE RESPONDENT NO. 5 BANK DATED 26/09/2022 TO THE PETITIONER VIDE ANNEXURE-J.

¶26

IN WP NO.103266/2022

¶27

BETWEEN:

¶28

M/S. LAXMI OFFSET PRINTERS, REPRESENTED BY ITS PROPRIETOR, SHRI. BANDOPANT BHARAMA BADAVANACHE, AGE: 55 YEARS, OCC: BUSINESS, R/O. KACHERI ROAD, NEAR COURT, BELAGAVI 590001.

¶29

…PETITIONER

¶30

(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)

¶31

AND

¶32

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY,

¶33

¶34

NC: 2023:KHC-D:14873 WP No. 104179 of 2022 C/W. WP No. 103266 of 2022

¶35

DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001.

¶36

THE DEPUTY COMMISSIONER, BELAGAVI, D. C. COMPOUND, BELAGAVI, TQ & DIST: BELAGAVI-590001.

¶37

THE ASSISTANT COMMISSIONER, BELAGAVI, D. C. COMPOUND, BELAGAVI-590001.

¶38

THE ASST. COMMISSIONER SPL. LAND ACQUISITION, ASST. COMMISSIONER SPECIAL AND LAND ACQUISITION OFFICER, HIDKAL DAM, TQ: HUKKERI, DIST: BELAGAVI-591107.

¶39

UNION BANK, CHIEF MANAGER/AUTHORIZED OFFICER, REGIONAL OFFICER BELAGAVI, UNION BANK, SAMADEVI GALLI, BRANCH, CTS NO.3445/18, PARVATI COMPLEX, SAMADEVIHALLI, BELAGAVI-590002.

¶40

…RESPONDENTS

¶41

(BY SRI ASHOK T. KATTIMANI, AGA FOR RESPONDENT NO.1 TO 4) ( BY SRI GIRISH S. HULAMANI, ADVOCATE FOR RESPONDENT NO.5)

¶42

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE NOTICE OF E-TENDER NOTICE ISSUED BY THE RESPONDENT NO.5 BANK DATED 18/07/2022 TO THE PETITIONER VIDE ANNEXURE-G.

¶43

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶44

4 - NC: 2023:KHC-D:14873 WP No. 104179 of 2022 C/W. WP No. 103266 of 2022

¶45

ORDER

¶46

Heard the learned counsel for the petitioner and the learned counsel for respondents as well as the learned AGA.

¶47

The petition in WP.No.104179/2022 is filed seeking writ of certiorari to quash the notice dated 26.09.2022 at Annexure-J issued by the 5^th respondentUnion Bank, Belagavi. In terms of the said auction notice, the auction of the property was scheduled on 20.10.2022.

¶48

Learned counsel for the respondent-Bank submits that on 20.10.2022 auction did not take place, as there were no bidders.

¶49

Learned counsel for the petitioner has filed an application (IA.No.1/2023) seeking permission of this Court to withdraw the amount deposited before this Court, which was deposited pursuant to the interim order dated 20.01.2023 granted in Writ Petition No.104179/2022 (GMRES). He further submits that the respondent-Bank has come out with ‘One Time Settlement’ scheme and the said scheme expires on 24.12.2023. It is his further submission

¶50

5 - NC: 2023:KHC-D:14873 WP No. 104179 of 2022 C/W. WP No. 103266 of 2022

¶51

that in case Rs.12,00,000/- is deposited before the respondent-Bank, the respondent-Bank has assured to waive the balance payable in terms of the loan transaction by the petitioner. Under these circumstances, he has filed the application seeking permission of this Court to withdraw the amount.

¶52

The amount of Rs.12,43,320/- is deposited before this Court. Under these circumstances, this Court is of the view that to enable the petitioner to avail the facility of ‘OTS’ scheme which is going to expire on 24.12.2023, the petitioner should be permitted to withdraw the amount of Rs.12,00,000/- with a condition that the amount should be deposited to the account of respondent-Bank on or before expiry of the OTS scheme.

¶53

However, the petitioner shall also furnish the security of the petitioner’s property, which is currently mortgaged in favour of respondent-Bank. Subject to these conditions application for withdrawal of amount (I.A.No.1/2023) is allowed in part.

¶54

6 - NC: 2023:KHC-D:14873 WP No. 104179 of 2022 C/W. WP No. 103266 of 2022

¶55

It is further made clear that the security is insisted to secure the alleged rights of the petitioner in Writ Petition No.101586/2023 (GM-RES). The order passed for release of the amount in favour of the petitioner should not be construed as an order passed on the merits of the claim either of the parties in Writ Petition

¶56

No.101586/2023(GM-RES).

¶57

All contentions of the parties in the aforementioned Writ Petition No.101586/2023 are kept open.

¶58

The petitioner to furnish the security of the property referred to above within two weeks from the date of this order and petitioner shall also file an undertaking in the form of an affidavit for repayment of Rs.12,00,000/- in case, the claim is adjudicated against the petitioner.

¶59

Since the impugned auction dated 20.10.2022 has not taken place, nothing would survive for consideration in the writ petition. Accordingly, the writ petition is disposed of as having become infructuous.

¶60

7 - NC: 2023:KHC-D:14873 WP No. 104179 of 2022 C/W. WP No. 103266 of 2022

¶61

A copy of the order be placed in Writ Petition No.101586/2023 (GM-RES).

¶62

In view of disposal of Writ Petition

¶63

No.104179/2022 (GM-RES) nothing would survive for consideration in Writ Petition No.103266/2022 (GM-RES), accordingly, same is also disposed of.

¶64

Sd/JUDGE

¶65

CKK/ct-an List No.: 2 Sl No.: 20

M/S Laxmi Offset Printers v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Laxmi Offset Printers v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Hanamanth S/O Laxman Biradar Patil Vs Balappa S/O Venkappa Biradar Patil

Kamalakshi W/O Sridhar Gunaga Vs the State of Karnataka

Ravi S/O Appun Devappa Vs Superintending Engineer(Ele)

Kempanna S/O Sakreppa Naik Vs the Deputy Commissioner

Fakkirappa S/O. Mylarappa Kademani Vs Fakkirappa S/O. Gutteppa Kademani

Smt.Laleeta Vs Shri. Teerthappa