- 1 - NC: 2025:KHC:724 WP No. 4681 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.4681 OF 2020 (CS-RES) BETWEEN: 1. SMT. A.L. BHAGYA W/O. LATE SHIVAKUMAR .J AGED ABOUT 51 YEARS, 2. MR. B.S. NANDAKUMAR S/O. LATE SHIVAKUMAR .J AGED ABOUT 22 YEARS, 3. MISS B.S. BINDU D/O. LATE SHIVAKUMAR .J AGED ABOUT 17 YEARS, MINOR, REPRESENTED BY MOTHER PETITIONER NO.1 ALL ARE RESIDING AT 9/1, 2ND CROSS, MUNESHWARA BLOCK, PALACE GUTTAHALLI, BANGALORE – 560 003. ... PETITIONERS (BY SRI CHANDRANATH ARIGA K., ADVOCATE) AND: 1. MRS. SHUSHRUTHI SOUHARDA SAHAKARA BANK LTD., NO.68, SHUSHRUTHI NAGAR, ANDRAHALLI MAIN ROAD, PEENYA 2ND STAGE, BENGALURU – 560 091. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE ASSISTANT REGISTRAR OF CO.OPERATIVE SOCIETIES, (RECOVERY OFFICER RULE 441) KARNATAKA STATE SOURADHA Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:724 WP No. 4681 of 2020 SOMYUKTHA CO-OPERATIVE LTD., NO.246, MARGOSA ROAD, 18TH CROSS, MALLESHWARAM, BANGALORE – 560 055. ... RESPONDENTS (BY SRI G. NATARAJA, ADVOCATE FOR C/R-1; SRI SIDHARTH BABURAO, AGA FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 28.01.2020 ISSUED BY RESPONDENT NO.2 (ANNEXURE-B); DIRECT THE RESPONDENTS TO NOTIFY THE PETITIONERS FOR THE PROCEEDINGS FOR RECOVERY OF LOAN; DIRECT THE RESPONDENTS TO GIVE AN OPPORTUNITY TO THE PETITIONERS BEFORE PASSING ANY ORDER IN RESPECT OF THE PROPERTY DESCRIBED IN THE SCHEDULE. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following reliefs: “a. Quash the notice in EP. No.ARE/UBF/01/2009- 10, dated 28.01.2020 issued by Respondent No.2 (ANNEXURE-B); b. Direct the respondents to notify the petitioners for the proceedings for recovery of loan. c. Direct the respondents to give an opportunity to the petitioners before passing any order in respect of the property described in the schedule.” - 3 - NC: 2025:KHC:724 WP No. 4681 of 2020 2. Learned counsel for the petitioners submits that pursuant to the interim order granted by this Court on 19.07.2021 the auction was not conducted pursuant to the auction notice dated 28.01.2020 and the present petition would not survive for consideration. 3. The said submission is recorded. 4. In light of the same, the petition is dismissed as having become infructuous. Sd/- ________________________ JUSTICE K.S. HEMALEKHA YKL List No.: 1 Sl No.: 42