Writ petition challenging a sale notice declared dishonored due to deposit of sum awarded to auction purchaser. Petitioner asked for quashing of sale certificate. Bank relaxed interest rules.
Sale certificate in favor of auction purchaser quashed. Deposit of Rs.32,06,000 transferred to respondent 2. Bank to decide on interest.
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NC: 2023:KHC:43832 WP No. 2683 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2683 OF 2023 (GM-RES)
BETWEEN:
SMT. KALAVATHI, W/O SRI. BABU, AGED 45 YEARS, RESIDING AT NO. 201/3, ALLAMAPRABHU ROAD, GAVIPURAM, HANUMANTHNAGAR, BANGALORE - 560 091.
…PETITIONER
(BY SRI. SANDHYA U. PRABHU, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B. PRASANNA KUMAR, ADVOCATE FOR R1; SRI. Y.P. GOKUL, ADVOCATE FOR R2)
NC: 2023:KHC:43832 WP No. 2683 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SALE NOTICE DATED 26/12/2022 ISSUED BY RESPONDENT BANK AND ITS CONSEQUENTIAL ACTIONS PRODUCED AT ANNEXURE-A IN RESPECT OF SCHEDULE PROPERTY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel appearing for the petitioner submits that the interim order have been complied with by making a deposit of the entire amount that the auction purchaser is entitled to, which is inclusive of solatium to the amount that he has deposited pursuant to the auction.
Bank shall be transferred to the account of respondent No.2 - auction purchaser i.e. an amount of Rs.32,06,000/-.
further would survive in the present petition and what would remain is quashing of the sale certificate, as a matter of form.
NC: 2023:KHC:43832 WP No. 2683 of 2023
ORDER
Sd/JUDGE
JY List No.: 1 Sl No.: 16 CT: BHK
NC: 2023:KHC:43832 WP No. 2683 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SMT KALAVATHI VS. KARNATAKA GRAMIN BANK AND ANOTHER]
MNPJ
20.12.2023
(VIDEO CONFERENCING / PHYSICAL HEARING) ORDER ON 'BEING SPOKEN TO'
The petition is disposed by an order dated 05.12.2023.
Learned counsel appearing for the petitioner has moved a memo for 'being spoken to' on the score that the details of
the sale certificate in Clause-III of the order is missing and
which is causing hindrance to get the fruits of the order.
Learned counsel appearing for the respondents would
accept the same.
Therefore, Clause-III will read as follows:
"The sale certificate bearing No.BSG-1-092632022-23 Book I, stored in CD No.BSCD1383 dated 31.01.2023 so issued in favour of respondent No.2 stands quashed."
The order should be read as part and parcel of the main
order.
Sd/JUDGE
SJK List No.: 1 Sl No.: 1
Kalavathi
Karnataka Gramin Bank
Javeria Sharif
M. Nagaprassanna
S.J. K.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
