The High Court held that the respondent bank's auction sale notice did not solicit bids as the notice was issued for a sale on that very day, rendering the petition infructuous. The petition was dismissed accordingly.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 24451 OF 2024 (GM-RES)
BETWEEN:
M/S CHAMUNDI BUILDERS REP. BY PROPRIETOR, SRI.C.R.SUNDER AGED ABOUT 64 YEARS, NO.53, 33RD MAIN, 16TH CROSS, J.P.NAGAR, 1ST PHASE, BANGALORE-560 078.
…PETITIONER
(BY SRI. V MOHAN., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
AUTHORISED OFFICER SIR. M. VISVESVARAYA CO-OP BANK LTD. NO.109, CORPORATE OFFICE, SHANKARAPURAM, BANGALORE-560 004 (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) REP. BY ITY. GENERAL MANAGER.
…RESPONDENT (BY SRI. LOKESH K V, ADVOCATE FOR C/RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION SALE NOTICE DTD 14.08.2024 SCHEDULING THE AUCTION SALE ON 5.9.2024 (ANNEXURE-A) ISSUED BY RESPONDENT BANK IN RESPECT OF THE SCHEDULE PROPERTY, SINCE THERE IS A GROSS VIOLATION OF PROVISIONS OF THE ACT, SUBSTANTIAL QUESTION OF LAW, AND VIOLATION OF GUIDELINES LAID DOWN BY THE HON'BLE SUPREME COURT AND THE RESERVE BANK OF INDIA AND ETC.
NC: 2024:KHC:36453 WP No. 24451 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned counsel for the respondent - Bank submits that the bids were not submitted following the impugned sale notice.
Accordingly, the petition stands dismissed as having become infructuous.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
BKM
1 issue framed by the court
Whether the writ petition praying to quash the auction sale notice has become infructuous.
M/s Chamundi Builders Rep. by Proprietor, Sri.C.R.Sunder
Sir. M. Visvesvaraya Co-op Bank Ltd.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
