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2026 DAILYLAW 36763 (KAR)

DEEPAK PUTHRAN v. MAHALAXMI CO-OPERATIVE BANK LTD.,

WP/8860/2025 · 2026-08-29

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010196352025 NC: 2026:KHC:46773 WP No. 8860 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 8860 OF 2025 (GM-DRT) BETWEEN: 1. DEEPAK PUTHRAN S/O. BHASKAR AMIN, AGED ABOUT 30 YEARS. 2. THRISHEEL S PUTHRAN, S/O. SHEKHAR BANGERA, AGED ABOUT 35 YEARS. PETITIONERS NO.1 AND 2 ARE R/AT 13-4, NAVARATHNA, KANAKODA, PADUKERE, MATTU POST VIA KATAPADI, MATTU, UDUPI-574105. 3. BHASKARA, S/O. RAJU KOTIAN, AGED ABOUT 55 YEARS, NO.3-67, 'AMIN NILAYA' VIA KATAPADI, MATTU, UDUPI-574105. …PETITIONERS (BY SMT. KAVITHA N., ADVOCATE - ABSENT) AND: MAHALAXMI CO-OPERATIVE BANK LTD., REPRESENTED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER, YMM SANGHA COMMERCIAL COMPLEX, POST MALPE UDUPI - 576 108. …RESPONDENT (BY SRI. VIGNESH S.SHETTY, ADVOCATE C/R) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010196352025 NC: 2026:KHC:46773 WP No. 8860 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Though matter called twice, there is no representation on behalf of the petitioners. Sri.Vignesh Shetty, counsel for caveator / respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Quash the e-auction sale notice dated 21.02.2025 issued by the authorized officer, Mahalaxmi Co-op Bank Ltd., Udupi bearing ref No.486/2024-25 "Annexure-A". (ii) Issue directions to the respondent Bank not to take physical possession without following due process of law. (iii) Issue such other orders or direction/s as may be deemed fit to grant including cost of the case, in the view of facts and circumstances of - 3 - HC-KAR CNR: KAHC010196352025 NC: 2026:KHC:46773 WP No. 8860 of 2025 this above case in the interest of justice and equity. 3. Counsel for the respondent submits that the petitioners have not complied with the interim order. Counsel, therefore, submits that the petition is devoid of merit and liable to be dismissed. 4. Heard the arguments and perused the papers with care. 5. The authorized officer of the Bank had issued E- auction sale notice on 21.02.2025. The law is settled that auction sale notice cannot be assailed under writ jurisdiction. Furthermore, the petitioners have not complied with the interim order. Hence, there is no need to exercise any discretionary powers under writ jurisdiction to entertain the petition. The petition is devoid of merits. The petitioners may approach the appropriate forum if so advised and if the law permits. 6. Accordingly, the writ petition is dismissed. - 4 - HC-KAR CNR: KAHC010196352025 NC: 2026:KHC:46773 WP No. 8860 of 2025 Because of dismissal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 13