Allowed

Sri. B. B. Ramaswamy Gowda v. the Union Bank of India

Karnataka HC19 Mar 2024WP/6893/2024

Case brief

AI extract

What is this about?

This writ petition challenged an e-auction of petitioner's property conducted by Respondent-1 and the issuance of the sale confirmation letter in favour of Respondent-2. The Court was satisfied that the borrower had discharged nearly all dues. Consequently, the Court ordered a refund of the auction amount to the purchaser and required the borrower to regularize the account by paying remaining sund

What did the court decide?

The e-auction order and sale confirmation letter are quashed. The Bank must refund the auction amount with solatium. The borrower must pay the remaining dues, interest, and solatium to regularize the

Sri. B. B. Ramaswamy Gowda Vs the Union Bank of… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:11313 WP No. 6893 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6893 OF 2024 (GM-RES)

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BETWEEN:

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SRI. B.B. RAMASWAMY GOWDA, S/O LATE B. BETTASWAMYGOWDA, AGED ABOUT 71 YEARS, RESIDING AT GOWDAGERE POST, YADIYUR HOBLI, KUNIGAL TALUK - 572 130.

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…PETITIONER

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(BY SRI. SHARATH S GOGI, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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THE UNION BANK OF INDIA, KUNIGAL BRANCH, NO.7, NEAR YEDIYUR CIRCLE, KUNIGAL, B.M. ROAD, KUNIGAL, TUMKUR TALUK - 572 130.

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BILIDVALYA LAXMINARASIMHAIAN MURTHY, OLD POST OFFICE OPP S-57, B-304, 12 VAISHYWADA, MAHARASHTRA - 416 510.

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…RESPONDENTS

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(BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1; SRI. R. SHIVCHARAN, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING

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NC: 2024:KHC:11313 WP No. 6893 of 2024

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THE E-AUCTION CONDUCTED ON 28.02.2024 W/R TO PROPERTY ID NO. UBINBLRHSN0698 (SCHEDULE PROPERTY HEREIN) BELONGING TO THE PETITIONER HEREIN AND ISSUE OF SALE CONFIRMATION LETTER BEARING NO. OR/HSN/EAUCTION/02/2023-24 DATED:29.02.2024 BY THE R-1 IN FAVOUR OF R-2 HEREIN (ANNEXURE-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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The petitioner is before this Court, seeking the following prayers:

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"i) Issue a writ of certiorari or any other writ, order or direction quashing the E-Auction conducted on 28.02.2024 with respect to Property ID No. UBINBLRHSN0698 (Schedule Property herein) belonging to the petitioner herein and issue of sale confirmation letter bearing No. OR/HSN/EAUCTION/02/2023-24 dated 29.02.2024 by the respondent No.1 in favour of respondent No.2 herein (Annexure A) ;

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ii) Grant such other and further reliefs as this Hon'ble Court deems fit and proper, in the interest of justice."

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Heard Sri. Sharath S. Gogi, learned counsel

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appearing for the petitioner, Sri. Vignesh Shetty, learned counsel appearing for respondent No.1, Sri. R. Shivcharan,

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3 - NC: 2024:KHC:11313 WP No. 6893 of 2024

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learned counsel appearing for respondent No.2 and have perused the material on record.

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Learned counsel appearing for respondent No.1 - Bank submits that the auction purchaser on one side has paid the entire auction amount into Rs.4,80,00,000/- and on the other side, the borrower also paid the entire amount outstanding.

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Learned counsel appearing for respondent No.2Auction Purchaser submits that if Bank is directed to release the amount of the auction purchaser, he would not have any objection for the borrower to settle the issue with the Bank.

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The said submission is placed on record.

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The petitioner is disposed with the following

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directions:

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i. In the light of the entire dues being paid by the borrower except sundry charges, the borrower is entitled to such regularization, closure of the account, as the case would be, which the Bank shall take appropriate steps immediately.

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NC: 2024:KHC:11313 WP No. 6893 of 2024

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ii. Since the auction purchaser has paid the entire amount, the Bank shall within one week from the date of receipt of a copy of this order, refund the entire auction amount paid by the auction purchaser along with solatium.

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iii. The borrower shall pay solatium with the interest, at the Bank rates to the auction purchaser auction again within a period of one week from the date of receipt of a copy of this order.

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Learned counsel Sri. Vignesh Shetty appearing for respondent No.1 undertakes that any proceedings pending before any fora would be withdrawn by the Bank, on payment so called sundry charges.

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Sd/JUDGE

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SJK List No.: 3 Sl No.: 8 CT:SNN

Sri. B. B. Ramaswamy Gowda v. the Union Bank of India

Case brief

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What did the court decide?

Sri. B. B. Ramaswamy Gowda v. the Union Bank of India

Case brief

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