SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(Kar) 142

MOHAN M.SHANTANAGOUDAR
Canara Tile Works – Appellant
Versus
Canara Bank – Respondent


Advocates Appeared
For the Petitioners:Adithya Sondhi, Advocate.
For the Respondents:R1 - V. Haridas Bhat, Advocate, R2 - Udaya Holla, Senior Counsel for K. Chandrakanth Ariga, Advocate.

Judgment :

1. Petitioner has sought for quashing the auction notice dated 12.6.2010 issued by the respondent and published in The Hindu, (Mangalore Edition), dated 13.6.2010 and all further proceedings held pursuant thereto.

2. The copy of the auction sale notice is produced at Annexure-‘C’ to the writ petition. The property in question is 97 cents of land in T.S.No.503, R.S.No.193 of Mangalore Thota Village in Mangalore City Corporation, consisting of building bearing Nos.974,975,976-08 of 92. The boundaries are also mentioned in the very notice. The auction was scheduled to be held on 15.7.2010 at 3.30 P.m. The reserve price was shown as Rs.55 Lakhs. However, as per the terms and conditions, the intending bidders would have to deposit earnest money (EMD) of Rs. 55,000/- being 10% of the reserve price.

3. The sale notice is questioned on the ground that the reserve price fixed in the sale notice was abnormally low and is less than the Government’s valuation which has resulted in serious prejudice to the petitioners; that the Bank is not justified in showing 1% of the reserve price i.e. Rs.55,000/-only; that EMD though was required to be at 10%, the same is shown as Rs.55,000/- inst






























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top