- 1 - NC: 2025:KHC:5317 WP No. 34557 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.34557 OF 2024 (CS-RES) BETWEEN: SMT. SHWETHA B.V. W/O. T. KIRAN KUMAR, AGED 39 YEARS, RESIDING AT NO.404, 3RD FLOOR, NIDHI APARTMENT, BEHIND D-MART KUNTIKANA, DEREBAIL MANGALURU DAKSHINA KANNADA – 575001. ... PETITIONER (BY SRI KESHAVA BHAT A., ADVOCATE) AND: 1. D.K. DISTRICT CENTRAL CO-OP. BANK LTD., KODIYALBAIL BRANCH, MANGALORE–575003 D.K. DISTRICT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES (K.C.S.R.441) HEAD OFFICE, THE SOUTH CANARA CENTRAL CO-OPERATIVE BANK LTD., KODIYALBAIL, MANGALORE–575003. ... RESPONDENTS (BY SRI RAKSHITH KUMAR, ADVOCATE FOR R-1; SRI YOGESH D. NAIK, AGA FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE DATED 11.11.2024 IN DISPUTE NO.1898/2021-22, C.E.P. NO.482/2022-23 ISSUED BY THE 2ND RESPONDENT RECOVERY OFFICER OF THE CO-OPERATIVE SOCIETIES, SOUTH CANARA CO-OP. SOCIETY (ANNEXURE-A AND B). Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5317 WP No. 34557 of 2024 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 Petitioner is seeking for the following prayers: “(a) Issue a writ of certiorari or any other appropriate writ, order or direction, setting aside the sale notice dated 11.11.2024 in Dispute No.1898/2021-22, C.E.P. No.482/2022-23 issued by the 2nd respondent Recovery Officer of the Co-Operative Societies, South Canara Co-Op. Society (Annexure–A and B). (b) Grant such other relief in the interest of justice.” 2. This Court, on 19.12.2024, by way of interim relief passed the interim order and relevant portion of the order reads as under: “3. The submission of the Counsel for the petitioner is that due to financial stringency, the petitioner could not make payment of the due amounts. The total amount due as on today is Rs.26,37,000/-. The petitioner in order to establish his bonafides would make payment of a sum - 3 - NC: 2025:KHC:5317 WP No. 34557 of 2024 equivalent to 25% of the said amount, i.e. Rs.6,59,000/- within four weeks from today, that is on or before 25.01.2025 and another sum equivalent to 25% of the due amount within four weeks thereafter, that is by 25.02.2025. 4. In view of the said submission, though the auction can go on, respondents are restrained from confirming the auction. 5. Process fee and copies to be furnished by end of day the 23.12.2024. In the event of default thereof, as also in the event of default in making payment of the above installments, the interim order will stand automatically vacated and respondent-Bank would be at liberty to confirm the auction.” 3. Learned counsel for the respondent–Bank submits that the petitioner has not complied with the interim order granted by this Court on 19.12.2024 neither has the auction, which was scheduled on 24.12.2024, taken place and the writ petition needs to be dismissed on both counts. 4. Submission is recorded. - 4 - NC: 2025:KHC:5317 WP No. 34557 of 2024 5. Learned counsel for the petitioner does not dispute the submission made by the respondent-Bank, accordingly, the writ petition is dismissed as does not fall for consideration. Sd/- _______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 42