Dismissed

Mr. Manoj Kumar Giriya v. the Bangalore City Co-Operative Bank Limited

Karnataka HC20 Mar 2024WP/6881/2024

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution to quash an auction notice, the Karnataka High Court dismissed the petition as infructuous because the borrower's account and proceedings were closed.

What did the court decide?

Petitioner's writ petition was dismissed as infructuous due to the closure of the borrower's account and proceedings.

Mr. Manoj Kumar Giriya Vs the Bangalore City… — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:11580 WP No. 6881 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6881 OF 2024 (GM-RES)

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BETWEEN:

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MR. MANOJ KUMAR GIRIYA, S/O LATE HASTHIMALJI GIRIYA, PROPRIETOR, M/S MANOJ MEDICALS, AGED ABOUT 47 YEARS, RESIDING AT 135, 17^TH MAIN ROAD, 12^TH B CROSS, SARAKKAI AGRAHARA, J.P.NAGARA, 2^ND PHASE, BENGALURU – 560 078.

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…PETITIONER

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(BY SRI. MADHAV BHALAJI KASHYAP., ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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THE BANGALORE CITY CO-OPERATIVE BANK LIMITED, A BANKING COMPANY HAVING ITS ADMINISTRATIVE OFFICE AT NO.3, 1^ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMARAJAPET, BENGALURU – 560 018. REPRESENTED BY ITS AUTHORISED OFFICER.

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NC: 2024:KHC:11580 WP No. 6881 of 2024

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MR. M.C.NAGARAJU,

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S/O LATE M.CHENNARAJ URS, AGED ABOUT 61 YEARS, RESIDING AT 297, 12^TH CROSS, RAILWAY LAYOUT, VIJAYANAGARA, 2^ND CROSS, MYSURU - 570 017.

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MR. M.C.DINESH, S/O LATE M. CHENNARAJ URS, AGED ABOUT 58 YEARS, RESIDING AT 297, 12^TH CROSS, RAILWAY LAYOUT, VIJAYANAGARA 2^ND CROSS, MYSURU – 570 017.

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MR. M.C.RAVI, S/O LATE M. CHENNARAJ URS, AGED ABOUT 56 YEARS, RESIDING AT 55, 2^ND CROSS, 2^ND STAGE, KUVEMPUNAGARA, CHAMARAJA MOHALLA, MYSURU.

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MRS. M.C.GAYATHRI @ M.C.REVATHI, D/O LATE M. CHENNARAJ URS, AGED ABOUT 63 YEARS, RESIDING AT 55, 2^ND CROSS, 2^ND STAGE, KUVEMPUNAGARA, CHAMARAJA MOHALLA, MYSURU.

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MRS. UMADEVI, D/O LATE M. CHENNARAJ URS, AGED ABOUT 59 YEARS, RESIDING AT: 10, 3^RD MAIN,

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3 - NC: 2024:KHC:11580 WP No. 6881 of 2024

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JAYALAKSHMIPURAM, MYSURU – 570 012.

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…RESPONDENTS

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(BY SRI. LOKESH K.V., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PUBLIC AUCTION NOTICE DATED 06.02.2024 ISSUED BY THE R-1/ BANK (PRODUCED VIDE ANNX-A) AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel appearing for the respondent Bank

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submits that the account of the borrower is closed and proceedings against the borrower are closed. Therefore, the right of the petitioner and the proceedings initiated by the petitioner in the subject petition becomes infrucutuous.

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Submission is placed on record. Accordingly, the writ petition is dismissed as the same having become infructuous.

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Sd/JUDGE

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YKL List No.: 1 Sl No.: 25

Mr. Manoj Kumar Giriya v. the Bangalore City Co-Operative Bank Limited

Case brief

What is this about?

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Mr. Manoj Kumar Giriya v. the Bangalore City Co-Operative Bank Limited

Case brief

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