Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12359 WP No. 7578 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7578 OF 2025 (GM-RES) BETWEEN:
1.
M/S. MARUTHI READY MIX, SY. NO.26, LAKSHMI SAGARA, MANHANAYAKANAHALLI POST, BIDADI HOBLI, RAMANAGARA DIST.
KARNATAKA - 562 109.
ALSO AT: ENTAGANAHALLI, KUNIGAL ROAD, NELAMANGALA TALUK, BENGALURU RURAL DIST - 562 123, REPRESENTED BY ITS PARTNERS.
2.
MR. MELEGOWDA, SON OF HANUMANTHAIAH, AGED ABOUT 53 YEARS,
3.
MRS. D.M. PUSHPA, W/O MELEGOWDA, AGED ABOUT 50 YEARS,
SL. NO. 2 AND 3 ARE RESIDING AT LAKSHMISAGARA VILLAGE, MANHANAYAKANAHALLI POST, BIDADI HOBLI, RAMANAGARA DIST.
KARNATAKA - 562 109. …PETITIONERS (BY SRI. B.G. NANJUNDARADHYA, ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:12359 WP No. 7578 of 2025
AND:
M/S. BANK OF BARODA, REGIONAL OFFICE, MAKAM TOWERS, VIVEKANANDA ROAD, ASHOKNAGAR, MANDYA DISTRICT - 571 401.
REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. PRAKASHA HEGDE, ADVOCATE FOR C/R)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION QUASHING THE E-AUCTION NOTICES DATED 17-02-2025 BY FIXING THE E-AUCTION SALE OF SCHEDULE PROPERTIES ON 20-03-2025 VIDE ANNEXURE-A, B AND C ISSUED BY THE RESPONDENT BANK.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. B.G. Nanjundaradhya,
learned counsel appearing for the petitioners, Sri. Prakasha Hegde, learned counsel appearing for the respondent/caveator and have perused the material on record.
2.
Learned counsel appearing for the petitioners submits that the interim order has been complied with, which is acknowledged by the respondent.
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NC: 2025:KHC:12359 WP No. 7578 of 2025
3.
Learned counsel appearing for the respondent submits that the sale has not taken place on the said date. Therefore, the date of auction is spent itself and therefore, the petition is rendered infructuous.
4.
Learned counsel appearing for the petitioners submits that if it is closed as having become infructuous, they would issue a second sale immediately.
5. In the event the Bank would want to issue the second sale immediately, the amount that is deposited by the petitioners shall be taken note of, which would enure to the benefit of the petitioners, in the event they would approach this Court yet again.
With the aforesaid observations, the petition stands
disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 50/CT: BHK