The Writ Petition seeking to quash an auction notice for secured credit property was disposed as infructuous because the auction had not taken place.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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. 25236 OF 2023 (GM-RES)
BETWEEN:
PETITIONERS NO.1 AND 2 ARE:R/AT NO. 14, 14TH MAIN ROAD M C LAYOUT, VIJAYANAGAR BENGALURU - 560 040
…PETITIONERS
(BY SRI. PRADEEP NAIK K., ADVOCATE)
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AND:
BENGALURU - 560085
REPRESENTED BY ITS CEO SMT POOJASHREE P V W/O SRI S P VASUDEV AGED ABOUT 31 YEARS
BENGALURU - 560030
THE RESPONDENTS NO.3 TO 5F ARE:R/AT NO.145, 10TH MAIN, BCC LAYOUT 2ND STAGE VIJAYANAGARA BENGALURU - 560040 AND ALSO AT:- NO.145, 3RD MAIN, 4TH CROSS BENGALURU - 560059
…RESPONDENTS
(BY SRI. SHIVASHANKARA A., ADV. FOR C/R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A TO THE WRIT PETITION I.E., THE AUCTION NOTICE DTD 05.10.2023 FIXING THE DATE FOR PUBLIC AUCTION OF THE PROPERTY IN QUESTION ON 16.11.2023 BY ALLOWING THIS WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:42258 WP No. 25236 of 2023
ORDER
The petitioners claim to be an agreement holders from the hands of the original borrower. The borrower has borrowed certain amount from the respondent. The secured credit at the hands of the respondent - Bank is now was sought to be put to auction. The auction has not taken place.
All contentions urged in the petition shall remain open.
KG List No.: 1 Sl No.: 29
Sd/JUDGE
SRI. RAGHAVENDRA LAKSHMAIAH S/O LATE SRI LAKSHMAIAH S
SMT GANGARATHNAMMA W/O LATE SRI LAKSHMAIAH S
M/S SURABHI SOUHARDA CREDIT CO-OPERATIVE LTD.
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
