Writ petition challenging a bank auction sale notice was disposed of as infructuous since the borrower failed to deposit required amounts under the earlier order dated 14.02.2023.
Petition disposed of as infructuous due to non-compliance with earlier order to deposit dues.
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WP No. 3573 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3573 OF 2023 (GM-RES)
BETWEEN:
…PETITIONER
(BY SRI. V. MOHAN, ADVOCATE)
AND:
…RESPONDENT
(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE)
WP No. 3573 of 2023
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF COMSTITUTION OF INDIA PRAYING TO-QUASH THE RESPONDENTS E-AUCTION SALE NOTICE DATED 31/01/2023 SCHEDULING THE AUCTION SALE ON 16/02/2023 (ANNEXUREA) IN RESPECT OF THE SCHEDULE PROPERTY LISTED UNDER ITEM NO.1 OF THE PAPER PUBLICATION (ANNEXURE-A), BELONGING TO THE PETITIONER AS ILLEGAL AND NULL AND VOID IN VIEW OF THE INCURABLE DEFECTS IN THE AUCTION SALE NOTICE AND IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner had called in question a sale notice issued on 31.01.2023. This Court on 14.02.2023 had passed the following order:
"Petitioner has called in question an auction that is slated to be held on 16.02.2023.
The outstanding according to the learned counsel representing the Bank is Rs.2,58,00,000/-. Therefore, there is no warrant to stall the auction that is slated to be held on 16.02.2023. The auction shall go on. The confirmation of sale after issuance of sale certificate shall not be made without the leave of the Court subject to the condition that petitioner would deposit 30% of the amount in due in two instalments in the following manner:
1. The petitioner shall deposit 15% of the amount within three weeks from today.
WP No. 3573 of 2023
2. Remainder of 15% shall be paid within three weeks, thereafter.
In the event the petitioner would not comply with the deposit of first instalment as stipulated hereinabove, the Bank is at liberty to issue confirmation of sale in favour of the auction purchaser.
List the matter on 13.03.2023.
Office objections to be complied with, forthwith."
dated 14.02.2023. The submission is that a fresh sale notice is issued by the Bank and therefore, the matter is rendered infructuous.
3. The submission is placed on record.
Accordingly, the petition is disposed as having become
infructuous.
Sd/JUDGE
JY CT:PH
Amrith P. Shenoy
Authorised Officer, Bharath Co Operative Bank (Mumbai) Ltd
M. Nagapranna
As recorded by the court registry
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