Dismissed

Sri B K Praveen Kumar v. M/S Sri Lakshminarayana Co. Operative Bank Limited

Karnataka HC18 Dec 2023WP/14964/2022

Case brief

AI extract

What is this about?

The court dismissed a writ petition seeking to quash auction sale notices issued by a cooperative bank. The petition was held infructuous as the scheduled auction date had passed following a grant of interim stay, rendering further proceedings bad in law.

What did the court decide?

The petition was dismissed as infructuous since the scheduled auction date (28.7.2022) had passed.

Sri B K Praveen Kumar Vs M/S Sri Lakshminarayana Co… — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:46250 WP No. 14964 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 14964 OF 2022 (CS-RES)

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BETWEEN:

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SRI B K PRAVEEN KUMAR S/O LATE B KENCHAPPA AGED ABOUT 44 YEARS RA/T NO.9, NEAR SHIVA GANAPATHI TEMPLE LAVAKUSHA NAGAR LAGGERE BENGALURU 560058

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SMT. B P PREMA W/O B.K PRAVEEN KUMAR AGED ABOUT 41 YEARS R/AT NO.9, NEAR SHIVA GANAPATHI TEMPLE LAVAKUSHA NAGAR LAGGERE BENGALURU 560058

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…PETITIONERS

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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(BY SRI. MADHUKAR NADIG., ADVOCATE)

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AND:

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M/S SRI LAKSHMINARAYANA CO OPERATIVE BANK LIMITED NO. 1627/2, PARK ROAD, RAMAMOHANPURA, BANGALORE 560021 REP BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959)

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THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (UNDER RULE 441) ARBITRATION COURT

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2 - NC: 2023:KHC:46250 WP No. 14964 of 2022

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KARNATAKA STATE CO OPERATIVE URBAN BANKS FEDERATION LTD NO. 132, 2ND FLOOR K.H. ROAD, BANGALORE 560027

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THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (UNDER RULE 441) RECOVERY OFFICER KARNATAKA STATE CO OPERATIVE URBAN BANKS FEDERATION LTD NO. 132, 2ND FLOOR K H ROAD, BANGALORE 560027

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…RESPONDENTS

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(BY SMT ARCHITHA SURESH., ADVOCATE FOR C/R1 SRI SIDDHARTH BABURAO, AGA FOR R2 & R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION SALE NOTICE DTD.4.6.2022 BEARIGN NO.JR0/UBF/ 10 AND 11/2017-18 AND NO.ARE/UBF/393 AND 394 2018-19 ISSUED BY THE R-3 IN FORM-8 ANNEXURE-G AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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It is forthcoming that in the present writ petition

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the petitioner has sought for quashing of the auction sale notices dated 4.6.2022 (Annexures-G and H to the writ petition). The said notices dated 4.6.2022 are issued under Form 8 and Form 9 respectively notifying that the auction would be conducted on 28.7.2022. The interim relief sought in the present petition is with respect to the pamphlet that has

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3 - NC: 2023:KHC:46250 WP No. 14964 of 2022

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been distributed by the first respondent – bank notifying the auction to be conducted on 28.7.2022.

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This Court by interim order dated 27.07.2022 had granted interim stay as prayed for subject to the Petitioner depositing 45% of the amount due within 24.08.2022. It was further specifically observed that in the event, the said amount was not paid by 24.08.2022, the Respondent No.1 was at liberty to initiate fresh auction proceedings and the Petitioner shall not be entitled for any equitable consideration thereafter.

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Learned counsel for the first respondent – bank submits that the petitioner has availed two loans in a sum of 26.00 lakhs and 10.00 lakhs and the petitioner has made payment of 8.00 lakhs and 7.00 lakhs respectively and further amounts together with interest are due and payable.

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In view of the fact that the auction that was scheduled to be held on 28.7.2022 was not conducted in view of the interim order dated 27.7.2022 passed by this Court and the said date of auction having passed, the present writ petition is dismissed as having been rendered infructuous.

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NC: 2023:KHC:46250 WP No. 14964 of 2022

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Liberty is reserved to the first respondent - bank to

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initiate appropriate action as may be permissible under law to recover the amounts due and payable by the petitioner, if any.

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SD/JUDGE

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ND List No.: 1 Sl No.: 46

Sri B K Praveen Kumar v. M/S Sri Lakshminarayana Co. Operative Bank Limited

Case brief

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Sri B K Praveen Kumar v. M/S Sri Lakshminarayana Co. Operative Bank Limited

Case brief

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