Baiju S/O Chandru Gavali vs Shri Tukaram Co-Operative Bank Ltd
2024 Latest Caselaw 24946 Kant

Karnataka High Court

Baiju S/O Chandru Gavali vs Shri Tukaram Co-Operative Bank Ltd on 16 October, 2024

                                                -1-
                                                          NC: 2024:KHC-D:14982
                                                        WP No. 113600 of 2015




                               IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                           DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                             BEFORE

                            THE HON'BLE MR. JUSTICE C.M. POONACHA

                           WRIT PETITION NO.113600 OF 2015 (CS-DAS)

                   BETWEEN:

                   BAIJU S/O. CHANDRU GAVALI,
                   AGE: 60 YEARS, OCC: MILK VENDOR,
                   R/O: CTS NO.1878 RANADE ROAD, BELAGAVI.
                                                                     ...PETITIONER
                   (BY SRI GIRISH BHAT, ADVOCATE FOR
                   SRI S. S. YADRAMI, ADVOCATE)
                   AND:
                   1.   SHRI TUKARAM CO-OPERATIVE BANK LTD.,
                        MAHATMA PHULE ROAD, SHAHAPUR,
                        BELAGAVI BY ITS MANAGER.
                   2.   ASST. REGISTRAR OF CO-OPERATIVE SOCITIES
                        AND RECOVERY OFFICER (UNDER RULE.44)
                        KARNATAKA STATE FEDERATION OF
                        URBAN CO-OPERATIVE BANKS BENGALURU.
                                                                   ...RESPONDENTS
Digitally signed   (BY SRI SHIVAPRABHU HIREMATH, AGA FOR R2;
by YASHAVANT
NARAYANKAR         NOTICE TO R1 IS SERVED)
Location: High
Court of
Karnataka                THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OR
                   AN ORDER OR AN APPROPRIATE DIRECTION IN THE NATURE OF
                   CERTIORARI QUASHING THE IMPUGNED AUCTION NOTICE DATED
                   23.09.2014      BEARING         NO.484/13.03.2021      AWARD
                   NO.AR9/ABN/DDS/556/99-2000/25.01.2005      DATED   23.09.2014
                   ISSUED BY THE RESPONDENT NO.2, AS ILLEGAL, INSOFAR IT
                   RELEATES TO THE PETITIONER AND HIS PROPERTY BEARING C.T.S
                   NO.1878, MUN, H.NO.215/14 RANADE ROAD, SHAHAPUR, BELAGAVI
                   VIDE ANNEXURE B. ISSUE A WRIT OR ORDER OR APPROPRIATE
                   DIRECTION IN THE NTARUE OF CERTIORARI QUASHING THE
                   IMPUGNED RECOVERY PROCEDDINGS PURSUANT OT VIDE
                   ANNEXURE - B BY THE RESPONDENTS AS BARRED BY LIMITATION
                   AND ETC.,
                                -2-
                                            NC: 2024:KHC-D:14982
                                          WP No. 113600 of 2015




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

CORAM:      THE HON'BLE MR. JUSTICE C.M. POONACHA

                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

Learned counsel Sri.Girish Bhat submits that the matter

has been settled between the parties and hence, the writ

petition has been rendered infructuous.

In view of the aforementioned, the above writ petition is

dismissed as having been rendered infructuous.

Sd/-

(C.M. POONACHA) JUDGE

PMP CT-ASC