The High Court of Karnataka dismissed two writ petitions as infructuous following the filing and recording of a memo stating the grounds for dismissal.
The writ petitions were dismissed 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION No.26101 OF 2015 (CS-RES) C/W WRIT PETITION No.26449 OF 2015(CS-RES)
IN WRIT PETITION No.26101 OF 2015:
BETWEEN:
PETITIONERS 1 AND 2 ARE MINORS AND ARE REPRESENTED BY THEIR MOTHER, NATURAL GUARDIAN & NEXT FRIEND SMT.MASARATH ASAD.
BOTH ARE R/AT NO.1022/47, 38th CROSS, 4th 'T' BLOCK, JAYANAGAR, BANGALORE-560 011.
... PETITIONERS
(BY SRI.AMBARISH, ADVOCATE FOR SRI.P.ANAND, ADVOCATE)
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IN WRIT PETITION No.26449 OF 2015:
BETWEEN:
PETITIONERS 1 AND 2 ARE MINORS AND ARE REPRESENTED BY THEIR MOTHER, NATURAL GUARDIAN & NEXT FRIEND SMT.MASARATH ASAD. BOTH ARE R/AT NO.1022/47, 38th CROSS, 4th 'T' BLOCK, JAYANAGAR, BANGALORE-560 011.
... PETITIONERS
(BY SRI.MANJUNATHA REDDY, ADVOCATE)
AND:
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AMANATH CO-OP. BANK LTD., NO.43, 'AMANATH HOUSE', HOSPITAL ROAD, SHIVAJINAGAR, BANGALORE-01.
... COMMON RESPONDENTS
(BY SRI.VIVEK, ADVOCATE FOR SRI.ABHINAV.R, ADVOCATE FOR R-3, SMT.A.R.SHARADAMBA, AGA FOR R-1 & 2, R-4 & 5 ARE SERVED)
WRIT PETITION NO.26101/2015 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE PROCLAMATION DATED
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19.6.2015 ISSUED BY THE R-2 UNDER RULE 38(2)(d) OF KCS ACT, 1960 VIDE ANN-F.
WRIT PETITION No.26449/2015 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.27.05.2015 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL ON THE STAY APPLICATION FILED UNDER RULE 13 OF THE KAT REGULATIONS IN APPEAL NO.129/2015 (ANNEXURE-F) SEEKING FOR STAY OF THE AWARD DT.26.9.2012 PASSED BY THE 2ND RESPONENT IN JRD/UBF/9101/05-06 (ANNEXURE-E) AND CONSEQUENTIALLY ALLOW THE AFORESAID STAY APPLICATION AS PRAYED FOR.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Ambarish., learned counsel on behalf of
Sri.P.Anand., for petitioners and Smt.A.R.Sharadamba., learned AGA for respondents 1 and have appeared in person.
Sri.Vivek., learned counsel on behalf of
Sri.Abhinav.R., for Respondent No.3 has appeared through video conferencing.
Learned counsel for petitioners submits that a memo
has been filed stating that the Writ Petitions may be
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dismissed as having become infructuous. Counsel therefore, submits that the memo may be placed on record and the Writ Petitions may be dismissed as having become infructuous.
Submission is noted.
Memo is placed on record.
The Writ Petitions are dismissed as having become
infructuous.
Sd/JUDGE
bnv
Mohammed Numaan Asad (repre. by Masarith Asad)
Mohammed Salman Asad (repre. by Masarith Asad)
Joint Registrar of Co-op. Societies
Assistant Registrar of Co-op. Societies & Recovery Officer
Amanath Co-op. Bank Ltd.
Mohammed Asadulla
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
