Dismissed

Mrs Noojahan v. the State of Karnataka

Karnataka HC12 Apr 2023WP/5369/2023

Case brief

AI extract

What is this about?

Writ petition filed to quash auction notices issued by cooperative bank respondents. Petitioners failed to deposit the required amount despite a stay order, leading to dismissal and liberty for respondents to conduct fresh auction.

What did the court decide?

Respondents granted liberty to conduct fresh auction of the property and collect amount spent on previous auction from proceeds.

Mrs Noojahan Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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1 - WP No. 5369 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.5369 OF 2023 (CS-RES)

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BETWEEN:

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MRS NOOJAHAN W/O MR ABDUL HAMEED AGED ABOUT 56 YEARS MEMBERSHIP NO.11674 HOUSE NO.7-119E/7^TH BLOCK KRISHNAPURA SURATHKAL MANGALURU-575 014

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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MR MOHAMMED MUZAMMIL S/O MR ABDUL HAMEED AGED ABOUT 34 YEARS MEMBERSHIP NO.11674 HOUSE NO.7-119E/7^TH BLOCK KRISHNAPURA SURATHKAL MANGALURU-575 014

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(BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE)

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AND:

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… PETITIONERS

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY CHIEF EXECUTIVE

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RECOVERY OFFICER OF CO-OPERATIVE SOCIETY K C S R 441 D K DISTRICT CENTRAL

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WP No. 5369 of 2023

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CO-OPERATIVE BANK LIMITED MANGALURU-575 003 REPRESENTED BY THE ASSISTANT REGISTRAR

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D K DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED KODIYALBAIL MANGALURU-575 003 REPRESENTED BY BRANCH MANAGER

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MR PRAKASH S/O MR VENKAPPA SHETTY MEMBERSHIP NO.11237 HOUSE NO.4-261, VIDYA NAGAR KOTEKAR MANGALURU-575 023

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… RESPONDENTS

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(BY SMT. A.R. SHARADAMBA, AGA FOR R1 AND R2; SRI RAKSHITH KUMAR, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO-8 AND 9 DTD 07.02.2023 IN DISPUTE NO.796/2021-22 AND EXECUTION NO.243/2022-23 FOR THE AUCTION TO BE HELD ON 14.03.2023 ISSUED BY THE RESPONDENT NO.02 (ANNEXURE-A AND B) AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following reliefs;

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a. Quash the Auction Notice in Form No.8 and 9 dated 7.2.2023 in Dispute No.796/2021-22 and Execution No.243/2022-23, for Auction to be held on 14.3.2023 issued by Respondent No.2 at Annexure-A and B.

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WP No. 5369 of 2023

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b. Grant such other relief/s, as this Hon’ble Court deems fit to Grant, under the circumstance of the petition, in the interest of Justice.

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The contention of the petitioner was that if given some time the petitioner would make payment of due amounts. Taking into consideration, the said submission on 9.3.2023 this Court had stayed the auction subject to the petitioner depositing a sum of Rs.2,40,000/- within four weeks i.e., on or before 6.4.2023. Despite the said indulgence being extended to the petitioner, the said amount has not been deposited. It therefore, appears that the petitioner is neither able to or willing to make payment of the due amounts. Hence, the contention raised in the petition being devoid of merits, the interim order having already lapsed on 6.4.2023, there would be no purpose served by keeping the above petition alive, as such I pass the following;

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ORDER

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i. The writ petition is dismissed.

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WP No. 5369 of 2023

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ii. Needless to say, that the respondents are at

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liberty to conduct a fresh auction of the property as also collect the amount spent on the previous auction from and out of the proceeds of the auction.

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Sd/JUDGE

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Mrs Noojahan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mrs Noojahan v. the State of Karnataka

Case brief

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