The petition to quash an auction notice issued by Union Bank was disposed as infructuous because the sale dated 27.10.2023 did not occur. The petitioner was directed to approach appropriate forums if a future sale notice is issued.
Petition disposed as infructuous; liberty granted to approach appropriate forums in case of further sale notice.
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NC: 2023:KHC:42308 WP No. 23359 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23359 OF 2023 (GM-RES)
BETWEEN:
M/S. MARUTHI APPARELS REG. PARTNERSHIP FIRM (UNDER SECTION 58(1) OF THE INDIAN PARTNERSHIP ACT, 1932)
REP. BY ITS PARTNER SMT.TEJASWINI S., AGED ABOUT 33 YEARS W/O SRI. LOKESH, R/AT NO.49, GANIGARA SANGHA, HOSA BEEDI KOTE, KANAKAPURA TOWN, RAMANAGARA DISTRICT - 562 117.
…PETITIONER
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
(BY SRI. NARENDRA S., ADVOCATE)
AND:
M/S UNION BANK REP. BY ITS AUTHORIZED OFFICER/CHIEF MANAGER, CANTONMENT BRANCH, NO.21, ULSOOR ROAD, OPP. TELEPHONE EXCHANGE, BENGALURU – 560 042.
…RESPONDENT (BY SRI.PRABHU RAO C.B., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH E-AUCTION NOTICE DTD. 21/09/2023 AS PER ANNEXURE-G AS ILLEGAL AND OPPOSED TO LAW.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the respondent – Bank would
submit that the sale slated to be held on 27.10.2023 did not take place on the said date and therefore, the petition is rendered infructuous.
The petitioner is at liberty to approach any appropriate fora in the event, any further sale notice is issued by the bank.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 37
M/s. Maruthi Apparels Reg. Partnership Firm Rep. by Smr. Tejaswini S.
M/s. Union Bank Rep. by Its Authorized Officer/Chief Manager
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
