Mr. Jagadeesh Narayana v. Sir. M Visvesvaraya Co. Op Bank Ltd.

Karnataka HC4 Mar 2025WP/99/2025

Case brief

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What is this about?

Karnataka High Court, Bengaluru; WP No. 99 of 2025 (GM-RES); NC: 2025:KHC:9169; decision 04.03.2025; Justice M.Nagaprasanna; petitioner Jagadeesh Narayana (agreement holder/third party); respondents Sir. M Visvesvaraya Co-op Bank Ltd. and M/s Chamundi Builders; challenge to bank e-auction sale notice dated 08.10.2024 (New Indian Express, Annexure-A) fixing auction for 24.10.2024; Articles 226 and 227 Constitution; Co-operative Bank Act, 1959 (bank's registration); memo for withdrawal; petition infructuous as no sale took place; disposed as withdrawn; no merits adjudicated.

What did the court decide?

Writ petition disposed of as withdrawn pursuant to the memo filed by the petitioner's counsel; no other relief granted. ¶28-29

Mr. Jagadeesh Narayana Vs Sir. M Visvesvaraya Co… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:9169 WP No. 99 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 99 OF 2025 (GM-RES)

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BETWEEN:

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MR. JAGADEESH NARAYANA S/O NARAYANA AGED ABOUT 50 YEARS, R/A NO.05, THULASI NILAYA KANAKAPURA ROAD, PIPELINE, VAJARAHALLI, BANGALORE, KARNATAKA - 560062 (THIRD PARTY/ AGREEMENT HOLDER OF SCHEDULE Digitally signed PROPERTY) by NAGAVENI Location: High …PETITIONER Court of Karnataka (BY SRI. RAJALAKSHMI V S., ADVOCATE)

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AND:

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SIR. M VISVESVARAYA CO-OP BANK LTD., NO.109, CORPORATE OFFICE, SHANKARAPURAM, BANGALORE - 560004

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NC: 2025:KHC:9169 WP No. 99 of 2025

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REP. BY AUTHORISED OFFICE BY ITS GENERAL MANAGER, REGISTERED UNDER CO-OPERATIVE BANK ACT, 1959

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M/S CHAMUNDI BUILDERS

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REP. BY PROPRIETOR, SRI C.R. SUNDER, NO.53, 33^RD MAIN, 16TH CROSS, J.P. NAGAR, 1^ST PHASE, BANGALORE - 560078 (BORROWER/ DEVELOPER OF SCHEDULE PROPERTY)

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE RESPONDENT BANKs E-AUCTION SALE NOTICE DTD 08.10.2024 PUBLISHED IN THE NEW INDIAN EXPRESS NEWSPAPER (ANNEXURE-A) SCHEDULING THE AUCTION SALE ON 24.10.2024 IN RESPECT OF SCHEDULE PROPERTY WHICH INCLUDES PETITIONERS IMMOVABLE PROPERTY UNDER SL. NO. 3 IN ANNEXURE-A AS ONE WITHOUT AUTHORITY OF LAW AND ILLEGAL AND ETC.

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

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NC: 2025:KHC:9169 WP No. 99 of 2025

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Learned counsel appearing for the petitioner files a memo

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seeking to withdraw the petition. The memo reads as follows:

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" MEMO FOR WITHDRAWAL

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The Advocate for Petitioner humbly submits that this Hon'ble Court may be pleased to dispose of this matter as withdrawn since no sale took place on 24/10/2024 as scheduled in the auction sale notice dated 08/10/2024 which was under challenge in this writ petition and the matter has become infructuous; and this Memo may be taken on record in the interest of justice and equity."

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2. In terms of memo, the writ petition is disposed as

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withdrawn.

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Sd/-

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______________________ JUSTICE M.NAGAPRASANNA

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KG List No.: 1 Sl No.: 46

Mr. Jagadeesh Narayana v. Sir. M Visvesvaraya Co. Op Bank Ltd.

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Mr. Jagadeesh Narayana v. Sir. M Visvesvaraya Co. Op Bank Ltd.

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