Dismissed¶¶26

Sri Mahadeva Swamy v. the Assitant Registrar of Co-Operative Societies

Karnataka HC11 Feb 2025WP/23455/2024

Case brief

AI extract

What is this about?

WP No. 23455 of 2024 (CS-RES), High Court of Karnataka at Bengaluru, decided 11-02-2025 by Hon'ble Mrs Justice K.S. Hemalekha (oral order). Dismissal of writ petition for non-compliance with conditional interim stay requiring deposit of Rs.20 lakhs by 19.09.2024; challenge to notice dated 29.07.2024 under Form No.8 and 9 issued by Assistant Registrar of Co-operative Societies, Mysore Sub-Division; liberty to Mysore and Chamarajanagar District Co-operative Bank to proceed with auction in accordance with law; filed under Articles 226 and 227 of the Constitution of India; advocates: Shantakumar K.C. for petitioners, Yogesh D. Naik ASA for R1, K. Ananda for R2 and R3.

What did the court decide?

No relief to the petitioners; respondent bank given liberty to proceed with the auction in accordance with law. ¶¶26

Sri Mahadeva Swamy Vs the Assitant Registrar of… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:6196 WP No. 23455 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 23455 OF 2024 (CS-RES)

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BETWEEN:

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SRI MAHADEVA SWAMY S/O SHIVANNA AGED ABOUT 54 YEARS

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SMT. RENUKA W/O MAHADEVA SWAMY AGED ABOUT 44 YEARS

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BOTH ARE RESIDING AT: NO.2280/6, 6^TH MAIN, VINAYAKA NAGARA, MYSORE-570012.

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…PETITIONERS

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(BY SRI. SHANTAKUMAR K.C., ADVOCATE)

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AND:

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THE ASSITANT REGISTRAR OF Digitally signed by MAHALAKSHMI B M CO-OPERATIVE SOCIETIES, Location: HIGH MYSORE SUB-DIVISION COURT OF MYSORE-570002. KARNATAKA 2. THE CHIEF EXECUTIVE OFFICER MYSORE AND CHAMARAJANAGAR DISTIRCT CO-OPERATIVE BANK LTD., HAVING ITS HEAD OFFICE NEHARU CIRCLE, ASHOKA ROAD, MYSORE-570002.

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MYSORE AND CHAMARAJANAGAR DISTRICT CO-OPERAITVE BANK LTD., ITS BRANCH OFFICE BANDIPALYA BRANCH, MYSORE.

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2 - NC: 2025:KHC:6196 WP No. 23455 of 2024

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REP. BY ITS MANAGER MYSORE-570002

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, ASA FOR R1; SRI. K. ANANDA, ADVOCATE FOR R2 AND R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 29.07.2024 UNDER FORM NO.8 AND 9 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-D AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Learned counsel appearing for the bank submits that

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the interim order of stay granted by this Court on 27.08.2024 was subject to the petitioner depositing a sum of Rs.20 lakhs with the respondent Nos.2 and 3 on or before 19.09.2024 and the petitioner has not complied the order of depositing as ordered by this Court on 27.08.2024. The said fact is not disputed by the petitioner. In the circumstances, the respondent to proceed in furtherance to the auction notice issued.

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NC: 2025:KHC:6196 WP No. 23455 of 2024

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In the light of the same, the petition is dismissed for

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non-compliance of the interim order granted by this Court

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and respondent bank is at liberty to proceed with the

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auction in accordance with law.

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