SRI VIJAYAKUMAR M v. BANGALORE CITY CO OPERATIVE BANK
WP/35892/2024 · 2025-02-27
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46038 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46038 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:8581 WP No. 35892 of 2024 C/W WP No. 29262 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 35892 OF 2024 (GM-RES) C/W WRIT PETITION NO. 29262 OF 2024 (GM-RES)
IN WP No. 35892/2024 BETWEEN:
SRI VIJAYAKUMAR M AGED ABOUT 54 YEARS, S/O ALTE B L MUNIYAPPA, R/A NO. 1229, 17TH MAIN, 1ST STAGE, 1ST PHASE, BTM LAYOUT, BANGALORE - 560029 …PETITIONER (BY SRI. RENSPRE PRITHESH DSOUZA., ADVOCATE) AND:
BANGALORE CITY CO-OPERATIVE BANK REGD. UNDER KARNATAKA STATE CO OPERATIVE SOCIETIES ACT, 1959, REP BY ITS AUTHORIZED OFFICER, ADMIN OFF NO. 3, PAMPA MAHAKAVI ROAD, CHAMRAJPET, BANGALORE - 560018 …RESPONDENT (BY SRI. K.V.LOKESH., ADVOCATE)
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:8581 WP No. 35892 of 2024 C/W WP No. 29262 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE E- AUCTION SALE OF THE SCHEDULE PROPERTY E-AUCTION SALE NOTICE BEARING NO. BCCB/AO/SARFAESIA/90/2024-25 DTD 11.12.2024 ISSUED BY THE RESPONDENT, PRODUCED AT ANNX-A AND ETC. IN WP NO. 29262/2024 BETWEEN:
SRI VIJAYAKUMAR M S/O LATE B. L. MINIYAPPA, AGED 56 YEARS, R/AT NO. 1229, 17TH MAIN, 1ST STAGE, 1ST PHASE, BTM LAYOUT, BENGALURU-560029 ...PETITIONER (BY SRI. N SURESHA., ADVOCATE)
AND:
BANGALORE CITY CO OPERATIVE BANK LTD ADMIN OFF NO.3 PAMPA MAHAKAVI ROAD, CHAMRAJPET, BENGALURU-560018 REP. BY ITS AUTHORIZED OFFICER SENIOR MANAGER ...RESPONDENT (BY SRI. LOKESH K V., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE ORDERS DTD. 21.10.2024 PASSED IN CRL.MIS.NO.3566/2024 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE AS PER ANNX-C.TO DIRECT THE RESPONDENT BANK TO REGULARIZE THE LOAN ACCOUNT
- 3 -
NC: 2025:KHC:8581 WP No. 35892 of 2024 C/W WP No. 29262 of 2024
AS PER ANNX-A AND ETC. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER The petitioners and learned Counsel for petitioners have filed their respective memos stating that the prayers made in the writ petitions have become infructuous and the petitioners would seek to approach the Debts Recovery Tribunal for redressal of grievances.
The petitioners therefore seek leave of this Court to withdraw these writ petitions and approach the Debts Recovery Tribunal. 2. However, this Court finds that the learned Counsel for the respondent-Bank had submitted on the previous occasion that the petitioners have not complied with the directions issued by this Court i.e., to deposit 20% of the outstanding amount with the respondent-Bank within a period of four weeks from the date of the order. It was
- 4 -
NC: 2025:KHC:8581 WP No. 35892 of 2024 C/W WP No. 29262 of 2024
also submitted that the respondent-Bank has proceeded to take possession of the property in question. 3. Consequently, the writ petitions stand dismissed as withdrawn while reserving liberty to the petitioners to approach the Debts Recovery Tribunal. 4. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE
DL CT: JL