Writ petition challenging a bank auction notice was rendered infructuous after the auction could not proceed due to an interim stay. The court disposed of the petition, reserving liberty to the petitioner to negotiate a One Time Settlement with the bank.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 8414 OF 2024 (GM-RES)
BETWEEN:
SMT. N KALPANA, W/O T ANAND, AGED ABOUT 45 YEARS, R/AT HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUK, BANGALORE RURAL - 561 203
…PETITIONER
(BY SRI. KARUNAKARA P., ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. M.MOHAMED IBRAHIM, C/R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD 19.02.2024 ISSUED BY THE R-2 THEREBY
BRINGING THE SCHEDULE PROPERTY FOR AUCTION ON 25.03.2024 AT ANNEXURE-A BEARING NO. BZO / ARB /SALE NOTICE/2023.24/AK/20 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The caption petition is filed assailing the impugned auction notice. This Court, vide order dated 21.03.2024 has granted stay of the auction sale notice, subject to the petitioner depositing Rs.1 Crore, with the respondent - Bank.
the petitioner has complied the interim order.
respondent - Bank further on instructions has stated that the auction could not be effectively conducted, in the light of the interim order granted by this Court.
NC: 2024:KHC:13708 WP No. 8414 of 2024
the petitioner submits that liberty be reserved to the petitioner to approach the Bank to negotiate for One Time Settlement.
petition stands disposed of.
Sd/JUDGE
KG
List No.: 2 Sl No.: 30
1 provisions across 1 enactments
Smt. N Kalpana
The Chief Manager Bank of India, Bangalore (Main) Branch
Bank of India Asset Recovery Branch
SACHIN SHANKAR MAGADUM
As recorded by the court registry
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