Karnataka High Court
Shri Arihant Credit Souhard Sahakari ... vs Assistant Registrar Cum on 10 August, 2022
Author: S G Pandit
Bench: S G Pandit
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WA No. 100281 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO. 100281 OF 2022 (CS-DAS)
BETWEEN:
SHRI ARIHANT CREDIT SOUHARD SAHAKARI
LIMITED
A CO-OPERATIVE BANK INCORPORATED UNDER THE
PROVISIONS OF THE KARANATAKA SHOUHARAD
SAHAKARI ACT, 1997
HAVING ITS REGISTERED OFFICE AT BORGAON
TLAUK, CHIKKODI DISTRICT, BELGAVI-591201
REPRESENTAED BY ITS GENERAL MANAGER
MR.ASHOK J BANKAPURE
...APPELLANT
(BY SRI. SHIVARAJ.C.BELLAKKI, ADVOCATE)
AND:
1. ASSISTANT REGISTRAR CUM
RECOVERY OFFICER OF CO-OPERATIVE SOCIETIES,
BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK
NO.5, UDAYA BUILDING,
Digitally signed
by VINAYAKA B
V
S.P.M.ROAD, SHAHAPUR,
BELAGAVI-590001.
Location: High
VINAYAKA Court of
BV Karnataka,
Dharwad Bench
Dharwad.
Date: 2022.08.17
10:26:22 +0530
2. BELAGAVI DISTRICT CENTRAL CO-OPERATIVE BANK
A CO-OPERATIVE BANK INCORPORATED UNDER THE
PROVISIONS OF CO-OPERATIVE SOCIEITIES ACT,
1959
HAVING ITS REGISTERED OFFICE AT SALAHALLI,
NEAR
CENTRAL BUS STAND, BELAGAVI-590016
REP. BY ITS MANAGER
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WA No. 100281 of 2022
3. VIJAYAPURA DISTRICT CENTRAL CO-OPERATIVE
BANK
A CO-OPERATIVE BANK INCORPORATED UNDER THE
PROVISIONS OF CO-OPERATIVE SOCIETIES ACT,
1959
HAVING ITS REGISTERED OFFICE AT KITTUR
CHANNAMMA NAGAR, SHOLAPUR ROAD, VIJAYAPUR-
586103, REP. BY ITS MANAGER
4. SHRI SHIVASAGAR SUGAR AND AGRO PRODUCTS
LIMITED, A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956 HAVING
ITS REGISTERED OFFICE AT FLAT NO.1, SHIVSAVALI
APARTMENT, VISHWAS HOUSING SOCIETY, 100 FT.
ROAD SANGLI-418, 416, REP. BY ITS MD
5. INDIAN OVERSEAS BANK LIMITED
A BANKING COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE BANKING REGULATION ACT,
1949 HAVING ITS REGISTERED OFFICE AT 10/1,
LAKSHMI NARAYAN COMPLEX, PALACE ROAD, THIRD
FLOOR, VASANTHANAGAR, BANGALORE-560052.
REP. BY ITS MANAGER
ALSO AT NO.915/2, ARYABHUSHAN BHAVAN
FIRST FLOOR, FERGUSSON COLLEGE ROAD,
DECCAN GYMKHANA, PUNE-411003.
...RESPONDENTS
(BY SRI. GANGADHAR J.M. ADV. FOR C/R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A)
CALL FOR THE RECORDS IN W.P. NO. 102493/2022
(ANNEXURE-S) B) SET ASIDE THE IMPUGNED ORDER DATED
07.07.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HON BLE COURT IN W.P. NO. 102493/2022.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, S.G.
PANDIT J., PASSED THE FOLLOWING.
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WA No. 100281 of 2022
ORDER
This intra-court appeal is filed under Section 4 of the Karnataka High Court Act, 1961 against the interim order dated 7.7.2022 passed in WP No.102493/2022 which permitted respondent No.1 to proceed with writ petition schedule properties.
2. This Court by order dated 11.07.2022 observed that any auction shall be subject to result of this writ appeal.
3. Learned counsel appearing for both parties submit that auction took place on 11.07.2022 and appellant has filed one more writ petition i.e. WP No.102958/2022 challenging the said auction proceedings.
4. In view of subsequent developments, we are of the opinion that this intra-court appeal challenging the interim order dated 7.7.2022 in WP No.102493/2022 would not survive for consideration. Keeping open all the contentions of the parties, writ appeal stands disposed of.
SD JUDGE SD JUDGE JTR