Petitioners sought quashing of a possession notice issued by a co-operative bank, but the secured property had already been sold in auction after the interim stay was vacated for non-deposit. The court found nothing survived and closed the petition as infructuous.
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NC: 2024:KHC:47859 WP No. 6315 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 6315 OF 2022 (GM-RES)
BETWEEN:
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
…PETITIONERS
NC: 2024:KHC:47859 WP No. 6315 of 2022
(BY SRI. SURESH.P., ADVOCATE)
AND:
SREE THYAGARAJA CO-OPERATIVE BANK LTD. H.No.5, 9TH CROSS NARASIMHARAJA COLONY BENGALURU-560 019 REPRESENTED BY ITS AUTHORISED OFFICER.
…RESPONDENT
(BY SRI. LOKESH K.V., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) QUASH THE POSSESSION NOTICE [RULE 8(1)] ISSUED BY THE RESPONDENT BANK AGAINST THE PETITIONER DATED 02.12.2021 VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
ORAL JUDGMENT
This writ petition is filed seeking following releifs:
a) Issue Writ in the nature of Writ of Certiorari to quash the Possession Notice(Rule 8(1)) issued by the Respondent Bank against the Petitioner dated 02.12.2021 vide Annexure A in the interest justice and equity.
b) To pass any such other order or direction or relief/s
on the facts and circumstances of the case as deems fit
by this Hon'ble Court.
c) To award the cost of the Writ Petition.
Notice(Annexure-A) dated 02.12.2021, subject to the petitioner depositing an amount of Rs.25,00,000/- within 15 days from the date of the order. It is specifically stated in the interim order that if the deposit as directed is not made, the interim order would stand automatically vacated.
NC: 2024:KHC:47859 WP No. 6315 of 2022
survives for consideration in this writ petition. There is also no appearance for the petitioners. The writ petition is accordingly closed as having become infructuous, without prejudice to the contentions of the petitioners in any other proceedings initiated in accordance with law.
Sd/(ANU SIVARAMAN) JUDGE
RAK List No.: 1 Sl No.: 29
2 provisions across 2 enactments
Smt. Bhumadevi R.
Sri. G. Chandrashekar
Sri. G. Anil Kumar
Sri. R. Govindarajulu
Sree Thyagaraja Co-operative Bank Ltd.
Anu Sivaraman
As recorded by the court registry
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