M/S GOLDEN GATE PROPERTIES LTD v. SIR. M. VISVESWARAYA CO- OPERATIVE BANK LTD.
WP/9621/2025 · 2026-01-21
Ashok S Kinagi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 47577 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 47577 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3754 WP No. 9621 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 9621 OF 2025 (GM-DRT) BETWEEN:
1.
M/S GOLDEN GATE PROPERTIES LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013.
HAVING ADDRESS AT NO.820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 095 REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY, MR. VIDYARANYA V D
2.
C.D SANJAY RAJ S/O DEVRAJ, AGED ABOUT 46 YEARS OLD, HAVING ADDRESS AT NO. 89, BENSON CROSS ROAD, BENSON TOWN, BANGALORE-560 046 …PETITIONERS [BY SRI. NAVEED AHMED, ADVOCATE (NOC)]
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3754 WP No. 9621 of 2025
AND:
1.
SIR. M. VISVESWARAYA CO- OPERATIVE BANK LTD., SHANKAR MUTT BRANCH REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT OF 1959 HAVING ADDRESS AT NO. 109, SHANKARMUTT ROAD SHANKARPURAM, BANGALORE 560 004.
REPRESENTED BY ITS BRANCH MANAGER …RESPONDENT
(BY SRI. LOKESH K V AND LAW VIBES., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE E-AUCTION SALE NOTICE DTD 04.11.2024 ISSUED BY THE RESPONDENT, AT ANNX-A VCB/CO/SMR/AUCTION / 304/24-25 AND CONSEQUENTLY THE AUCTION SALE OF THE SCHEDULE PROPERTY CONDUCTED PURSUANT TO E-AUCTION NOTICE DTD 04.11.2024. ISSUE A WRIT OF PROHIBITION RESTRAINING THE RESPONDENT FROM ISSUING THE SALE CERTIFICATE/SALE CONFIRMATION OF THE SCHEDULE PROPERTY TO THE AUCTION PURCHASER AND ETC.
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HC-KAR NC: 2026:KHC:3754 WP No. 9621 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition seeking the following reliefs: a. Issue a writ of certiorari to set aside the e-auction sale notice dated 04/11/2024 issued by the Respondent, at UCB/CO/SMR/Auction/304/2024-25 Annexure A and consequently the auction sale of the Schedule Property conducted pursuant to e- auction notice dated 04/11/2024; b. Issue a writ of prohibition restraining the Respondent from issuing the sale certificate/sale confirmation of the Schedule Property to the auction purchaser; c. Issue a writ of Certiorari, setting aside the notice cancelling the One Time Settlement with the Petitioner No.1 issued by the Respondent on 29/10/2024, at Annexure-S; A VCB/co/299/2024- 25
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HC-KAR NC: 2026:KHC:3754 WP No. 9621 of 2025
d. Issue a writ of Mandamus, directing the Respondent to consider the One Time Settlement as per communication dated 31/01/2024, at Annexure-H; e. Pass any other such orders as this Hon'ble Court deems fit and proper in the facts and circumstance of the present case in the interests of justice and equity.
2.
Learned counsel for the respondent submits that, pursuant to the e-auction sale notice dated 04.11.2024, auction was conducted, the auction purchaser had purchased the property, but the auction purchaser could not deposit the sale price amount. He submits that, prayers (a) and (b) have rendered infructuous. He also submits that, the petitioner has submitted the representation vide Annexure-H. Further, this Court, vide
order dated 09.12.2025, permitted the petitioner to make a fresh representation to the respondent-Bank. Pursuant to the order dated 09.12.2025, the petitioner made a fresh representation to the Bank. The Bank has considered the representation and has issued an endorsement.
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HC-KAR NC: 2026:KHC:3754 WP No. 9621 of 2025
3. In view of the endorsement issued by the Bank, nothing further survives for consideration in this writ petition, and the same has been rendered infructuous.
4. Accordingly, the writ petition is dismissed as having rendered infructuous, reserving a liberty to the petitioner to challenge any action taken by the respondent, if so advised.
5. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
PA CT:KHV List No.: 2 Sl No.: 17