Petitioner challenged auction notices via writ petition. Court noted the auction date had passed since an interim stay was lifted upon compliance of deposit conditions. Finding the petition rendered infructuous, it was dismissed without substantive adjudication on merits.
The writ petition dismissed as infructuous.
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NC: 2023:KHC:43696 WP No. 4793 of 2020
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. 4793 OF 2020 (CS-RES)
BETWEEN:
…PETITIONER
(BY SRI. VIGNESHWARA U., ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
PLAMA CENTER BUILDING BIJAI KAPIKAD ROAD BIJAI MANGALORE-575 004.
…RESPONDENTS
(BY SMT AZRA J DUNDGE, AGA FOR R1 AND R2 SRI VITTALA SHETTY P, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE NOTICES DATED 13.2.2020 IN CEP NO.46/2017-18 INITIATED ON THE BASIS OF DECREE AWARD NO.1700/201617 ISSUED BY THE R-2 AT ANNX-A AND B ALLOW THIS W.P. WITH COSTS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed challenging the notices dated 13.2.2020 fixing the date of auction as 19.3.2020. This Court by interim order dated 28.3.2020 had granted stay subject to deposit of 50% of the amount due.
auction as 19.3.2020 and the said date having passed, the present writ petition is dismissed as having been rendered infructuous.
Sd/JUDGE
ND List No.: 1 Sl No.: 35
1 issue framed by the court
Whether the writ petition challenging auction notices is maintainable after the date of auction has passed.
1 provisions across 1 enactments
MR K NAZEER AHMED
THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION
THE RECOVERY OFFICER
THE MANAGER, MANGALA CREDIT CO OPERATIVE SOCIETY
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
