IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.39257/2016 (GM-RES) BETWEEN:
SMT. JAYAMMA.L, W/O M.SIDDARAMAIAH, AGE 51 YEARS, RESIDING AT NO.45, 15TH MAIN, 50 FEET ROAD, MUNESWARA BLOCK, BENGALURU – 560 026. …PETITIONER (BY SRI.N.SURESHA, ADV.) AND:
1. SIR.M.VISVESWARAIAH COOPERATIVE BANK, RAJA RAJESHWARINAGAR, BENGALURU – 560 026, REPRESENTED BY ITS AUTHORIZED OFFICER.
2. SIR.M.VISVESWARAIAH, COOPERATIVE BANK LTD., ADMINSTRATIVE OFFICE, NO.109, 2ND FLOOR, SHANKARMAT ROAD, SHANKARPURAM, BENGALURU – 560 004, REPRESENTED BY ITS CHIEF EXECUTED OFFICER.
3. HEMANTHKUMAR, AGE 40 YEARS, RESIDING AT NO.45, 15TH MAIN, 50 FEET ROAD, MUNESHWARA BLOCK, BENGALURU – 560 026. …RESPONDENTS (BY SRI.MITTY NARASIMHA MURTHY, ADV. FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED: 06.06.2016 AT ANNEXURE-D ISSUED BY R-1.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though the petition is listed for taking steps to respondent No.3, the same is not necessary since, it is seen that the petition is filed assailing the sale notice dated 06.06.2016. As per the sale notice, auction was to be conducted on 21.07.2016.
2. This Court, by the order dated 20.07.2016 had granted interim stay of the sale notice subject to deposit of Rs.10,00,000/- with respondent No.1-Bank within four weeks. The said amount is not deposited by the petitioner.
3. Be that as it may, in view of the interim order granted on 20.07.2016, the sale on 21.07.2016 had remained stayed. In any event, at this juncture, the respondents No.1 and 2 will have to take fresh steps for sale or proceed further in that direction in relation to the earlier order since, at the first instance, the condition as imposed has not been complied.
4. At this juncture, if the petitioner desires to settle the matter with respondents No.1 and 2, an appropriate proposal be putforth before the respondents No.1 and 2. If such proposal is putforth, the same shall be taken note. In the event of any fresh action being initiated, the petitioner may avail the remedies in accordance with law at that stage.
In terms of the above, the petition stands disposed of.
Sd/- JUDGE ST