- 1 - NC: 2025:KHC:2147 WP No. 617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 617 OF 2025 (GM-RES) BETWEEN: SMT.A.AMBIKA D/O ANANTHA @ ANANTHAPPA W/O ANIL KUMAR R AGED ABOUT 37 YEARS R/AT NO.301, 8TH MAIN, 33RD MAIN SARAKKI GARDEN J P NAGAR 6TH PHASE BENGALURU-560078. …PETITIONER (BY SRI. MANJUNATHA N BYRAREDDY., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER OF CANARA BANK ADMINISTRATIVE OFFICE ARM BRANCH II 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS NO,.86 M G ROAD BENGALURU-560001 2. M/S NISHI FOREX AND LEISURE PVT LTD REP BY DIRECTOR AND AUTHORIZED SIGNATORY SRI RAMA CHANDRA, S/O KUPPANNA AGED ABOUT 48 YEARS HAVING OFFICE AT NO.536, GROUND FLOOR, AMAR JYOTHI LAYOUT, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2147 WP No. 617 of 2025 DOMLUR 100 FEET INTERMEDIATE RING ROAD BANGALORE-560071 3. SMT A ARCHANA W/O H J MUNIRAJU AGED ABOUT 36 YEARS, R/AT NO.22, 2ND CROSS DODDAAJUNAPPA LAYOUT, 3RD MAIN ROAD, SWAMY VIVEKANANDA NAGARA, HOSKOTE BANGALORE-562114 4. SRI A ARJUN S/O ANANTHA @ ANANTHAPPA AGED ABOUT 36 YEARS R/AT NO.46, SORAHUNASE ROAD VARTHUR ADJACENT GRANDEUR PARK APARTMENTS BANGALORE-560087 5. SMT ARUNA A D/O ANANTHA @ ANANTHAPPA AGED ABOUT 34 YEARS R/AT NO.46, SORAHUNASE ROAD VARTHUR, ADJACENT TO GRANDEUR PARK APARTMENTS BANGALORE-560087 6. SRI ANATHA @ ANANTHAPPA S/O LATE DODDATHIPPANNA AGED ABOUT 66 YEARS R/AT NO.46, SORAHUNASE ROAD VARTHUR, ADJACENT TO GRANDEUR PARK APARTMENTS BANGALORE-560087 7. SMT RENUKA W/O ANANTHA @ ANANTHAPPA AGED ABOUT 60 YEARS R/AT NO.46, SORAHUNASE ROAD VARTHUR, ADJACENT TO GRANDEUR - 3 - NC: 2025:KHC:2147 WP No. 617 of 2025 PARK APARTMENTS BANGALORE-560087 …RESPONDENTS (BY SRI. SHASHIDHARA M R., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION SALE NOTICE DTD. 29.10.2024 PASSED BY THE RESPONDENT BANK VIDE ANNX-A AND GRANT AN INTERIM ORDER TO STAY THE OPERATION OF SALE NOTICE DTD. 29.10.2024 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the 1st respondent-Bank submits that the 2nd respondent is the borrower and also the Director of the 2nd respondent firm. The 2nd respondent is one of the family member of the petitioner and other respondents. Proceedings have been initiated by the 1st respondent-Bank for recovery of the debts from the borrower and a suit in O.S.No.1094/2021 was filed for partition and separate possession by one of the family members and the petitioner herein was arraigned as - 4 - NC: 2025:KHC:2147 WP No. 617 of 2025 defendant No.15 in the said suit. Thereafter, one more suit in O.S.No.942/2023 was filed for partition and separate possession by the petitioner herein. Learned Counsel would therefore submit that the remedy available for the petitioner is only before the Debts Recovery Tribunal having regard to the fact that the respondent- Bank has initiated proceedings under SERFAISI Act, 2002. 2. Accepting the submissions of the learned Counsel for the respondent-Bank, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE DL CT: JL