Dismissed¶37

Sri. Nithesh D v. Shree Bhagavathi Co. Operative Bank Ltd.

Karnataka HC2 Dec 2025WP/4559/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 4559 of 2023 (CS-RES); decided 02.12.2025 by M G Uma; dismissal for non-prosecution/default; petitioner's counsel absent, no representation; respondent Nos.1 and 2 (Shree Bhagavathi Co-operative Bank Ltd.) unserved; respondent No.3 (Dept. Registrar of Co-operative Societies) formal party via AGA S.R. Khamroz Khan; challenge to co-operative bank sale notice ABN No. 53/2018-19 / EP No. 191/2018-19 dated 13/01/2023; representations dated 16/02/2023; Articles 226 and 227 Constitution of India; no merits adjudication; no quantum.

What did the court decide?

Learned counsel for the petitioners was absent and made no representation when the matter was called on. ¶27

Sri. Nithesh D Vs Shree Bhagavathi Co. Operative… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶37

Issue for consideration

Whether the writ petition seeking directions to respondent Nos.1 and 2 to consider the representations dated 16/02/2023 (Annexure-B) and to set aside the sale notice dated 13/01/2023 (Annexure-A) survives for consideration, given the absence of counsel for the petitioner and non-service on respondent Nos.1 and 2.

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Court's answer

Learned counsel for the petitioners was absent and made no representation when the matter was called on.

¶27

Ratio / Principle

Steps to serve notice on respondent Nos.1 and 2 had not been taken; they remained unserved despite the opportunity granted by the order sheet dated 09.01.2025.

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Key takeaways

As respondent No.3 was only a formal party and the relief was sought only against respondent Nos.1 and 2, the petition did not survive for consideration.ratio¶36
In view of the above, the writ petition was dismissed.ratio¶37

Detailed headnote1 paragraphs

Writ Petition No. 4559 of 2023 (CS-RES), filed under Articles 226 and 227 of the Constitution of India by Sri Nithesh D, sought directions to respondent Nos.1 and 2 (Shree Bhagavathi Co-operative Bank Ltd.) to consider the representations dated 16/02/2023 (Annexure-B) and to set aside Sale Notice ABN No. 53/2018-19, No. EP No. 191/2018-19 dated 13/01/2023 (Annexure-A). When the matter came up before Hon'ble Mrs. Justice M G Uma on 02.12.2025, learned counsel for the petitioner was absent and there was no representation; steps to serve notice on respondent Nos.1 and 2 had not been taken despite the order sheet dated 09.01.2025 granting a week's time, failing which the petition would stand dismissed against those respondents. The Additional Government Advocate for respondent No.3 (Dept. Registrar of Co-operative Societies) submitted that respondent No.3 was only a formal party and the relief was sought only against respondent Nos.1 and 2, so the petition did not survive for consideration. Held: the writ petition is dismissed. No adjudication on merits; no precedent engaged.

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NC: 2025:KHC:50174 WP No. 4559 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE M G UMA

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WRIT PETITION NO. 4559 OF 2023 (CS-RES)

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BETWEEN:

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SRI. NITHESH D S/O DEVDAS KOTIAN, AGED ABOUT 42 YEARS R/AT NO.2-391, SWAMI KRUPA, KAJE PADAVU, KOALMBE POST AND VILLAGE, MANGALORE D.K - 574 189

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&PETITIONER

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(BY SRI. ANIL KUMAR D., ADVOCATE (ABSENT))

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AND:

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SHREE BHAGAVATHI CO OPERATIVE BANK LTD, MORGAN GATE, JEPPU MANGALORE - 575 001 REP BY: THE SALE OFFICER.

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Digitally signed by PRASHANTH N V Location: High Court of Karnataka

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THE GENERAL MANAGER M/S SHREE BHAGAVATHI CO-OPERATIVE BANK LTD MORGAN GATE, JEPPU MANGALORE - 575 001

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THE DEPT. REGISTRAR OF CO-OPERATIVE SOCIETY'S NO 62, 2^ND FLOOR, MARGOSA ROAD, 3^RD MAIN, 18^TH CROSS, MALLESHWARAM BANGALORE - 560 055

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&RESPONDENTS

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(BY SRI. S.R. KHAMROZ KHAN, AGA FOR R3

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V/O DT.09.01.2025, WP STANDS DISMISSED IN R/O R1 & 2)

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NC: 2025:KHC:50174 WP No. 4559 of 2023

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO R- 1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED 16/02/2023 RESPECTIVELY UNDER ANNEXURE-B. AND SET ASIDE THE SALE NOTICE ABN NO. 53/2018-19, NO. EP NO. 191/2018-19 DATED 13/01/2023 ISSUED BY RESPONDENT UNDER ANNEXURE-A. AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE M G UMA

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ORAL ORDER

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Learned counsel for the petitioners is absent. No

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representation.

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It is noticed that steps to serve notice to respondent Nos.1 and 2 is not taken.

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Order sheet dated 09.01.2025 reads as under:

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"There is no representation on behalf of the petitioners.

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A week's time is granted to do the needful in respect of unserved respondent Nos.1 and 2, failing which, the petition stands dismissed as against respondent Nos.1 and 2."

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3 - NC: 2025:KHC:50174 WP No. 4559 of 2023

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HC-KAR

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Learned Additional Government Advocate for

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respondent No.3 submits that respondent No.3 is only a formal party and the relief is sought only against respondent Nos.1 and 2. Therefore, the petition do not survive for consideration.

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In view of the above, the petition is dismissed.

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Sd/(M G UMA) JUDGE

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PNV

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CT:VS List No.: 1 Sl No.: 17

Sri. Nithesh D v. Shree Bhagavathi Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Sri. Nithesh D v. Shree Bhagavathi Co. Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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