The High Court of Karnataka dismissed a writ petition seeking to quash auction notices. The court held that the petition was infructuous as the interim stay period had lapsed and the auction date of 01.03.2023 had passed without rescheduling.
Petition dismissed as infructuous. Respondents at liberty to proceed for recovery of dues.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 4752 OF 2023
BETWEEN:
MR. PRAMODH. P W/O MR. BABU SHETTY, AGED ABOUT 47 YEARS, MEMBER SHIP- 26192, DOOR NO- 1-271-1, BEERU KODI HOUSE, POST- BOONTHUR BANTWAL - 574 222.
…PETITIONER
(BY SRI. K SHASHIKANTH PRASAD.,ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
MEMBERSHIP NO 26193, DOOR NO- 5-36, PERLIYA, POST- JODUMARGA, BANTWALA - 574 219.
…RESPONDENTS
(BY SRI.AZRA.J.DUNDGE.,AGA FOR R1 AND R2; SRI.KETHAN KUMAR FOR R3; R4 DISPENSED WITH)
THIS WP IS FILED UNDER SECTION 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO-8 AND 9 IN (ABN NO. 41/2019-20 E.P.NO.185/2019-20) DT 13.01.2023(ANNX-A AND B) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed challenging the auction notices dated 13.01.2023 fixing the date of auction as 01.03.2023. This Court vide Interim Order dated 28.02.2023 granted interim stay, subject to the condition that the petitioner shall pay a sum of Rs.2,50,000/- within four weeks and further a sum of Rs.2,12,000/- within four weeks thereafter.
NC: 2023:KHC:44570 WP No. 4752 of 2023
the learned counsel for the third respondent-Bank to place on record the amount due and payable by the petitioner as on date, learned counsel for the third respondent-Bank has filed a memo placing on record that the petitioner is liable to pay a total sum of Rs.10,83,763/- as on 05.12.2023 the same is placed on record.
KBM/AMM List No.: 1 Sl No.: 50
Sd/JUDGE
1 issue framed by the court
Whether the writ petition challenging the auction notice is maintainable after the auction date has passed.
1 provisions across 1 enactments
Mr. Pramodh. P
The State of Karnataka Department of Co-operative Society
Recovery Office and Registrar of Co-operative Society, Mangaluru Sub-Division
Shri Bhagavathi Shakarabank Niyamitha
Mr. Suresh T
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
