High Court of Karnataka disposed of a writ petition filed under Article 226 as infructuous because the respondent bank withdrew the impugned sale notice.
Petition disposed as having become infructuous; liberty reserved to approach appropriate fora.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:14520 WP No. 1779 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1779 OF 2024 (GM-RES) BETWEEN:
MANJUNATHA V., S/O VENKATARAJU K., AGED ABOUT 33 YEARS, RESIDING AT NO.143, AMRUTHAHALLI, NEAR AMRUTHA CLINIC SAHAKARANAGARA, BENGALURU – 560 092.
…PETITIONER (BY SRI. ANANDA V., ADVOCATE) AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
CAN FIN HOMES LIMITED (NON-BANKING FINANCE COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, REGULATED UNDER THE PROVISIONS OF THE NATIONAL HOUSING BANK ACT, 1987) HAVING ITS BRANCH OFFICE AT NO.586, 2ND FLOOR, 80 FEET ROAD, OPP. BETHANY SCHOOL, 8TH BLOCK, KORAMANGALA BENGALURU – 560 095 REPRESENTED BY ITS AUTHORIZED OFFICER SRI SHIV V.R., AND AKSHAY B.,
…RESPONDENT
(BY SRI D.NARAYANASWAMY, ADVOCATE FOR C/RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE BY E- AUCTION SALE NOTICE DTD 20.12.2023 ISSUED BY THE RESPONDENT I.E., ANNEXURE-A; SET ASIDE THE ORDER DTD 27.09.2023 PASSED IN CRL.MISC.NO.6175/2023 BY THE VII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU I.E., ANNEXURE-B AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel Sri.D.Narayanaswamy, appearing for the respondent-Bank has filed a memo indicating that the sale notice dated 20-12-2023 impugned in the subject petition is withdrawn.
In the light of the said memo, petition is rendered infructuous and is accordingly disposed as having become infructuous, reserving liberty to the petitioner to knock at the doors at the appropriate fora , at the appropriate time, in an appropriate proceeding.
BKP/List No.: 1 Sl No.: 175
Sd/JUDGE
1 provisions across 1 enactments
Manjunatha V.
Can Fin Homes Limited
M.Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
