IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION NO.48811 OF 2019 (GM-RES) BETWEEN:
Synergyone Infrastructure & Projects Pvt. Ltd., New International Airport Road, NH-7, Highway, Yelahanka Old Town, Kogilu Cross, Opp: Kendriya Vihar Apartment, Bengaluru – 560 064.
Rep. by its Authorized Signatory Mr. B.V.Madhav (By Sri.Harsha D Joshi, Advocate) AND 1. The Authorised Officer Axis Bank Ltd., Stressed Asset Department, Axis House, N.C-2, Wadia International Centre, Pandurang Budhkar Marg, Worli, Mumbai – 400 025.
2. Xeco Website Management Services Private Limited, 11 Avalon, 107, ... Petitioner St. Sebastian Road, Near Mehboob Studio, Bandra (West), Mumbai – 400 050.
Rep. by its Manager.
(By Sri.K.V.Lokesh, Advocate for R.1;
Notice to R.2 is dispensed with v/o dated 09.10.2019) ... Respondents This Writ Petition is filed praying to quash Annexure-P, the Notice dated 04.09.2019 issued by the respondent No.1 bringing the petitioner’s property for sale by way of public auction which was intimated to the petitioner by post.
This Writ Petition coming on for Orders, this day, the Court made the following:
ORDER Sri.K.V.Lokesh, learned counsel files a power for respondent No.1.
2. Sri.Harsha D.Joshi, learned counsel for petitioner files a memo for dispensation of notice to respondent No.2.
3. Memo is placed on record.
4. Notice to respondent No.2 is dispensed with at the risk of the petitioner.
5. Learned counsel for respondent No.1 submits that though the date of the public auction was fixed on 07.10.2019, the auction proceeding was not proceeded for want of bidders and the sale was not taken place on that day.
6. The said submission is placed on record.
7. In view of the above, learned counsel for the petitioner submits that the prayer sought in the petition does not survive for consideration. Accordingly, the writ petition is dismissed as having become infructuous.
Sd/- JUDGE NBM