Writ petition challenged a bank's auction sale notice under the Security Interest (Enforcement) Rules. The court noted the auction had already been conducted on 14.03.2024, making the sale notice redundant, and dismissed the petition as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9207 OF 2024 (GM-RES)
BETWEEN:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
BENGALURU - 560 068.
…PETITIONERS
(BY SRI. N. SURESHA, ADVOCATE)
AND:
TUMKUR GRAIN MERCHANTS CO OPERATIVE BANK LIMITED, B.H. ROAD, TUMKUR - 572 103, REPRESENTED BY ITS SENIOR MANAGER/AUTHORISED OFFICER.
…RESPONDENT
(BY SRI. K.V. LOKESH, ADVOCATE)
NC: 2024:KHC:38055 WP No. 9207 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 26/02/2024 VIDE NO. TGMCB/SEC/124/2023-24 ANNEXUREB, ISSUED BY SENIOR MANAGER / AUTHORISED OFFICER AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners have filed this writ petition challenging the sale notice issued under Rule 8(6), read with Section 9 of the Security Interest (Enforcement) Rules, 2002, by which the secured assets were scheduled to be auctioned on 14.03.2024.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
MCR
1 issue framed by the court
Whether the writ petition challenging the bank's auction sale notice remains actionable after the auction was conducted.
2 provisions across 2 enactments
Ramachandra
Prakash R.
Harish R.
Tumkur Grain Merchants Co Operative Bank Limited
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
