M/S PANAMA NATURE FRESH LIMITED HAVING ITS REGISTERED OFFICE AT DOOR NO.18-4-178/63, PRESIDIUM APARTMENT, ATTAVARA, MANGALURU-575001 DAKSHINA KANNADA DISTRICT REP BY ITS MANAGING DIRECTOR, VIVEK RAJ, S/O RAJENDRA, (REGISTERED UNDER THE COMPANIES ACT 1996)

¶8

Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

¶9

SRI. VIVEK RAJ S/O RAJENDRA, AGED ABOUT 41 YEARS, R/AT 1-24/1,PANAMA HOUSE, VIVEKNAGAR, KULOOR-KAVOR ROAD, PANJIMOGARU, MANGALURU-575013 DAKSHINA KANNADA DISTRICT

¶10

SMT AMRUTHRAJ W/O VIVEK RAJ, AGED ABOUT 36 YEARS, R/AT FLAT NO.301, MOTILAL HERITAGE APARTMENT, MANNU GUDDE, GANDHINAGAR, MANGALURU-575003 DAKSHINA KANNADA DISTRICT.

¶11

SRI. SANTHOSH KUMAR S/O SHEENA, AGED ABOUT 63 YEARS,

¶12

2 - NC: 2023:KHC:43610 WP No. 5948 of 2023

¶13

R/AT ANNAPOORNA, HICC, KASHIMIR MATHIAS ROAD, 4TH CROSS, BEJAI, MANGALURU, D K DISTRICT-575004

¶14

…PETITIONERS

¶15

(BY SRI. RAJASHEKAR S.,ADVOCATE)

¶16

AND:

¶17

THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, IST FLOOR, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001 REP BY ITS PRINCIPAL SECRETARY.

¶18

THE ASST. REGISTRAR OF CO OPERATIVE SOCIETIES AND RECOVERY OFFICER K.C.S.R. 441, DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, MANGALURU-575003.

¶19

THE SOUTH CANARA DISTRICT CENTRAL CO OPERATIVE BANK (LTD) NO.1113, KODIYALBAIL BRANCH, MANGALURU TALUK, D K DISTRICT-575003 REP BY ITS MANAGER, (REG UNDER CO-OPERATIVE SOCIETIES ACT 1960)

¶20

THE RECOVERY OFFICER OF CO OPERATIVE SOCIETIES K.C.S.R. 441, DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, MANGALURU-575003.

¶21

…RESPONDENTS (BY SRI. SIDHARTH BABURAO., AGA FOR R1, R2 AND R4 SRI. RAKSHITH KUMAR, ADVOCATE FOR R3)

¶22

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE AUCTION NOTICE DTD 09.02.2023 IN FORM NO.8 ISSUED UNDER RULE 38(2)(D) AND THE SALE NOTICE DTD 09.02.2023 IN FORM NO.9 ISSUED UNDER RULE 22(7)(J) IN E.P NO.235/2022-23 ARISING OUT

¶23

3 - NC: 2023:KHC:43610 WP No. 5948 of 2023

¶24

OF DISPUTE NO.308/2018-19 ISSUED BY THE R-4 FIXING THE DATE OF AUCTION ON 16.03.2023 VIDE ANNX- A AND B AND ETC.

¶25

THIS PETITION, COMING ON FOR PRELIMINARY HERING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

¶26

ORDER

¶27

Learned counsel for the Petitioner submits that the

¶28

condition imposed in the interim orders dated 15.03.2023 and 30.10.2023 have been complied with and the said aspect is not disputed by the learned counsel appearing for Respondent No.3

¶29

Society.

¶30

The Writ Petition is filed challenging the sale auction notices dated 09.02.2023 specifying the date of auction as 16.03.2023. The said sale auction notices are issued consequent to the award dated 28.12.2021 passed in the dispute by Respondent No.2. It is submitted that the said award dated 28.12.2021 is the subject matter of consideration in Appeal No.65/2023 pending before the Karnataka Appellate Tribunal, Bengaluru.

¶31

In view of the fact that the date of auction pursuant to the auction notices dated 09.02.2023 already having passed and in view of the pendency of the Appeal before the Appellate

¶32

¶33

NC: 2023:KHC:43610 WP No. 5948 of 2023

¶34

Tribunal as noticed above, the present writ petition is dismissed

¶35

as having been rendered infructuous.

¶36

Sd/-

¶37

JUDGE

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BS - List No.: 1 Sl No.: 43

M/S Panama Nature Fresh Limited v. the State of Karnataka

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M/S Panama Nature Fresh Limited v. the State of Karnataka

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