The High Court of Karnataka disposed of a writ petition challenging the quashing of an E-auction sale notice. The Court held that the petition had become infructuous as the scheduled sale had not taken place, allowing the bank time to consider the petitioner's representation.
Petition disposed of as having become infructuous.
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 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25571 OF 2023 (GM-RES)
BETWEEN:
DR SUVARNA AMARNATH W/O DR A. AMARNATH, AGED ABOUT 70 YEARS, R/A NO 122, 4TH CROSS, LALBAGH ROAD, BENGALURU 560027
…PETITIONER
(BY SRI. BIPIN HEGDE, ADV. FOR SMT. ANUPARNA BORDOLOI, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI.K.V.LOKESH, ADV. FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE E-AUCTION SALE NOTICE DTD 02.11.2023 ISSUED FOR SALE OF SCHEDULE PROPERTY ALONE, IN CONSIDERATION OF
REPRESENTATION OF THE PETITIONER DTD 20.09.2023 ANNEXURE-A AND B; DECLARE THE MODT DTD 04.04.2019 EXECUTED BY THE R2 IN FAVOUR OF THE R1, AS NULL AND VOID IN VIEW OF THE SAME BEING IN VIOLATION OF THE GIFT DEED DTD 02.07.1994 ANNEXURE-C AND D; DECLARE THAT ACTION OF THE R1 OF NON CONSIDERING THE REPRESENTATION DTD 20.09.2023 IS HIGHLY ARBITRARY ILLEGAL AND WITHOUT AUTHORITY OF LAW ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking quashment of an E-auction sale notice dated 02.11.2023.
NC: 2023:KHC:42390 WP No. 25571 of 2023
The petitioner is at liberty to submit a fresh
representation, if need arises, venting out all the grievances and the respondent - Bank would consider the same as well, in accordance with law.
The writ petition is disposed as having become
infructuous.
Sd/JUDGE
KG
1 issue framed by the court
Whether the writ petition seeking quashment of an E-auction sale notice has become infructuous due to the sale not taking place.
Dr Suvarna Amarnath
The Visvesvaraya Co-Operative Bank Ltd.
M/s Brahmana Seva Trust
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
