A writ petition seeking quashing of a sale notice and directing non-interference with possession was disposed off as infructuous because the proposed auction had not materialized.
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NC: 2023:KHC:22979 WP No. 2307 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 2307 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by SHARADA VANI B
Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. THRIVENI T. R., ADVOCATE)
NC: 2023:KHC:22979 WP No. 2307 of 2023
AND:
THE AUTHORIZED OFFICER, UNION BANK NO. 488/B, 14TH CROSS, VITC BHAVAN, 4TH PHASE, PEENYA, BANGALORE -560 058.
…RESPONDENT
(BY SMT. PRASANNA KUMARI M. G. FOR SRI. SHIVASHANKARA A., ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 12.1.2023 ANNEXURE-D ISSUED BY THE RESPONDENT; TO DIRECT THE RESPONDENT NOT TO INTERFERE WITH THE POSSESSION OF THE SCHEDULE PROPERTY WITHOUT FOLLOWING DUE PROCESS OF LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The proposed auctioning of the security property having not materialized, petition has become infructuous, says the learned Panel Counsel appearing for the bank. She also points out that in similar matters, barring few exceptions, cases have been disposed off accordingly as having become infructuous.
the petitioner that her client would go before the bank seeking regularization of the subject loan account and the
bank would consider the request in that regard on a war footing, more particularly when in terms of the interim order dated 15.02.2023 petitioner has shown bona fide by paying a sum of Rs.10,00,000/- (Rupees ten lakhs) only. This is fair.
Ordered accordingly & Writ petition is disposed
off, costs having been made easy.
Sd/JUDGE
SNB
1 provisions across 1 enactments
K3 Power Pack Pvt. Ltd.
Mr. Pattan Ameer Ali Khan
Mr. Ahmed Shabeer Khan
The Authorized Officer, Union Bank No. 488/B
Krishna S Dixit
As recorded by the court registry
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