Dismissed

Smt Shakuntala v. the State of Karnataka

Karnataka HC23 Nov 2023WP/886/2022

Case brief

AI extract

What is this about?

A writ petition under Articles 226/227 challenging auction notices in a cooperative society loan recovery matter was dismissed. The court noted the petitioner failed to comply with the condition to deposit 25% of the award amount in an interim order dated 2.2.2022. Given the non-compliance and large outstanding dues to the bank, the court held that the writ jurisdiction was not required to be exer

What did the court decide?

The writ petition was dismissed with no order in respect of the suit for staying the auction notices.

Smt Shakuntala Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:42279 WP No. 886 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 886 OF 2022 (CS-DAS)

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BETWEEN:

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SMT SHAKUNTALA W/O DEVENDRA K AGED ABOUT 55 YEARS R/AT NO.1-117/01 ’DUGGE HOUSE’ MEENAKAILYA POST PANAMBUR BAIKAMPADY MANGALURU – 575 010

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… PETITIONER

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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AND:

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION REP. BY IS PRINCIPAL SECRETARY 1^ST FLOOR, VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU - 560 001

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THE RECOVERY OFFICER N1-441 AND ASST. REGISTRAR OF CO-OPERATIIVE SOCIETIES KARNATAKA RAJYA SOUHARDA SAMSTHE SAHAKARA NIYAMITA

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2 - NC: 2023:KHC:42279 WP No. 886 of 2022

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ALI ASKAR ROAD NEAR RAJ BHAVAN VASANTH NAGAR BANGALORE – 560 052

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THE SALES OFFICER SHREE POORNANANDA VIVIDHODHESHA SOUHARDA SAHAKARI NIYAMITA 1^ST FLOOR, NGO BUILDING NEAR MINI VIDHANA SOUDHA OPP. CLOCK TOWER HAMPANKATTA MANGALURU – 575 001

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SHREE POORNANANDA VIVIDHODHESHA SOUHARDA SAHAKARI NIYAMITA 1^ST FLOOR, NGO BUIDLING NEAR MINI VIDHANA SOUDHA OPP. CLOCK TOWER HAMPANKATTA MANGALURU – 575 001 REP. BY ITS CHIEF EXECUTIVE OFFICER

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… RESPONDENTS

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(BY SRI. MILIND DANGE, AGA FOR R1 & R2; SRI A. DEVARAJA, ADVOCATE FOR R3 & R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 30.12.2021 ISSUED BY THE R3, THE AUCTION NOTICE IN FORM NO.8 IN EP DATED 16.03.2021 AND THE AUCTION NOTICE IN FORM NO.9 IN EP DATED 16.03.2021 ISSUED BY THE R2 FIXING THE DATE FOR AUCTION ON 03.02.2022 VIDE ANNEXURES-A TO C AND ETC.

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

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NC: 2023:KHC:42279 WP No. 886 of 2022

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ORDER

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Counsel for the petitioner, learned AGA for

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respondent Nos.1 and 2 and learned counsel for

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respondent Nos.3 and 4 are present.

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2. It is forthcoming that this Court by order dated 2.2.2022 has passed the following order:

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“Leaned AGA takes notice for respondents No.1 and 2.

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Issue Emergent Notice to respondents No.3 and 4.

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Learned Counsel for the petitioner is directed to serve a copy of the writ petition along with Annexures on the learned AGA.

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Learned Counsel for the petitioner draws the attention of this Court to a communication dated 17.02.2021 made by the petitioner to the respondent-Cooperative Bank. Learned Counsel submits that the petitioner does not dispute the fact of availing loan in a sum of Rs.35 lakhs. However, it is stated in the communication that petitioner’s husband had serious medical issues and he had to undergo surgery for gangrene. Moreover, during the COVID-19 pandemic it was not possible for the petitioner to raise the required money for repayment of the land. The loan was obtained for the construction of a residential building in which the petitioner along with her family is now residing. Learned Counsel submits that the immovable property is scheduled to be auction tomorrow i.e., on 03.02.2022.

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There shall be an ad-interim order of stay of all further proceedings pursuant to the impugned notice dated 30.12.2021 at Annexure-A, for a period of four weeks from today, subject to the petitioner depositing 25% of the Award amount within a period of four weeks from

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4 - NC: 2023:KHC:42279 WP No. 886 of 2022

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today before the respondent-Cooperative Bank.

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Re-list this matter on 07.03.2022 to enable the petitioner to place on record acknowledgement for having deposited the amount as directed by this Court. Failing which, the interim relief granted in favour of the petitioner shall stand recalled automatically.”

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It is not in dispute that the condition imposed in

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the interim order dated 2.2.2022 has not been complied with.

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Learned Counsel for the respondent No.4 – bank submits that the appeal filed by the petitioner before the Karnataka Appellate Tribunal has been dismissed for non prosecution. He also submits that the amounts due as on 18.11.2023 by the petitioner is `78,22,449/-.

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In view of the fact that the petitioner has not complied with the condition imposed in the interim order dated 2.2.2022 and in view of the fact that large amounts of money are due and payable by the petitioner to respondent No.4 – bank, the petitioner has failed in demonstrating that the equitable and discretionary

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jurisdiction of this Court contained under Article 226 of the

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NC: 2023:KHC:42279 WP No. 886 of 2022

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Constitution of India is required to be exercised in the present case.

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In view of the aforementioned, the present writ

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petition is dismissed.

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Sd/JUDGE

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ND List No.: 1 Sl No.: 0

Smt Shakuntala v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Shakuntala v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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