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2025 DAILYLAW 18973 (KAR)

MR. SRINIVASA RAI v. M/S. SHRI SARASWATHI CREDIT SOUHARDA SAHAKARI NIYAMATHA

WP/8090/2024 · 2025-04-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:16115 WP No. 8090 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8090 OF 2024 (CS-RES) BETWEEN: MR. SRINIVASA RAI, S/O K. NARAYANA RAI, AGED ABOUT 49 YEARS, KARANDURU HOUSE, TENKA KARNADURU POST AND VILLAGE, BELTHANGADI TALUK, DAKSHINA KANNADA DISTRICT - 574 217. …PETITIONER (BY SRI. MOHAMMED SULTAN, ADVOCATE (ABSENT)) AND: 1. M/S. SHRI SARASWATHI CREDIT SOUHARDA SAHAKARI NIYAMATHA, 1ST FLOOR, RADHIKA PLAZA, MS ROAD, PUTTUR, DAKSHINA KANNADA DISTRICT - 574 201, REPRESENTED BY ITS GENERAL MANAGER, (REGED. UNDER KARNATAKA SOUHARDA SAHAKARI ACT 1997) 2. RECOVERY OFFICER (R-441) AND ASSISTANT DIRECTOR OF CO-OPERATIVE SOCIETY, KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., NO. 62, MARGOSA ROAD, 18TH CROSS, MALLESHWARAM, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16115 WP No. 8090 of 2024 BENGALURU - 560 055 REP. BY RECOVERY OFFICER (R 441) …RESPONDENTS (BY SRI. ANANDA MURTHY R, ADVOCATE FOR C/R1 IN CP NO.4232/2024) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAYING THE EFFECT AND OPERATION OF SALE NOTICE IN FORM NO.8 AND FORM. NO.9 DATED 19.01.2024 WHICH IS PRODUCED HEREIN AS ANNEXURE A AND A1 ISSUE BY THE RESPONDENT NO.2 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court, seeking the following reliefs: "A. Issue a Writ of Mandamus staying the effect and operation of Sale Notice in Form No.8 and Form No.9 dated 19-01-2024 which is produced herein as Annexure 'A' and 'A1' issue by the Respondent No.2; B. Issue Direction to the Respondent No.1 to consider the Payment of Rs.5 Lakhs made on 23.2.2024 and consider in the Loan Account. C. Issue Direction to the Respondent No.1 to take the Fixed Deposit of Rs.5 Lakhs or above made on - 3 - NC: 2025:KHC:16115 WP No. 8090 of 2024 27.6.2016 after providing and calculating necessary market interest at the highest rate and to consider and receive the same in Loan Account and D. Issue Direction to the Respondent No.1 to restructure the Loan Account under the above mentioned circumstances; E. Issue appropriate Writ or order or direction to the Respondent Society to give an opportunity to the petitioner to settle the loan amount in respect of the Loan Account in accordance with law by considering the representations. AND F. Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. Despite the order dated 14.03.2025, there is no appearance on behalf of the petitioners nor have office objections been complied with. It appears that petitioners are not interested in prosecuting the matter. Hence, the petition is dismissed for non- prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 18