Petitioners filed a writ petition challenging an auction notice. The court held the petition was rendered infructuous as the auction date had passed, despite a prior stay order that was complied with initially but later conditions were not met.
Writ Petition disposed of as 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 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 3252 OF 2023 (CS-RES)
BETWEEN:
…PETITIONERS
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
(BY SRI. ABHISHEK SHETTY, ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
THE RECOVERY OFFICER, THE SOUTH CANARA DIST., CENTRAL CO-OP BANK, FARANGIPET BRANCH, HAVING ITS BRANCH OFFICE, EESA TOWER, FARANGIPETE, PUDU VILLAGE, BANTWAL TQ - 574 219, BY ITS AUTHORIZED OFFICER.
…RESPONDENT
(BY SRI. RAKSHITH KUMAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE AUCTION NOTICE DATED 31/12/2022 IN C.E.P. NO. 849/2021-22 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present Writ Petition is filed seeking for following
reliefs:
"i) Issue a writ of certiorari, to set aside the auction notice dated 31.12.2022 in C.E.P.No.849/2021-2022 issued by the respondent vide Annexure-A in the interest of justice.
ii) Issue any other or direction under the facts an circumstances of the present case, to grant such other reliefs as this Hon'ble Court would deem fit to be granted, in the interest of justice and equity."
Petitioner depositing further a sum of Rs.1,00,000/- on or before 21.11.2023. Admittedly the said amount has not been deposited.
present Writ Petition with regard to the auction notice dated 31.12.2022 fixing the dated of auction as 10.02.2023.
Sd/JUDGE
PNV List No.: 1 Sl No.: 16 CT: BHK
Smt. Sampa
Sri. Rajesh
The Recovery Officer
C.M. Poonacha
As recorded by the court registry
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