- 1 - NC: 2025:KHC:16180 WP No. 1387 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1387 OF 2025 (GM-RES) BETWEEN: 1. SRI RAJU GOWDA S/O LATE BANDI GOWDA AGED ABOUT 56 YEARS R/AT NO.32/1, 1ST STAGE 20TH CROSS, ARVINDANAGARA CHIKKAHARADANAHALLI CHAMARAJA MOHALLA MYSORE, KARNATAKA – 570 022. 2. SMT. BHAGYA RAJU W/O RAJU GOWDA AGED ABOUT 46 YEARS R/AT NO.32/1, 1ST STAGE 20TH CROSS, ARVINDANAGARA CHIKKAHARADANAHALLI CHAMARAJA MOHALLA MYSORE, KARNATAKA – 570 022. …PETITIONERS (BY SRI HRITHIK GOWDA K. V., ADVOCATE) AND: IDFC FIRST BANK LIMITED KCA ENCLAVE, 1ST FLOOR NO.582, 80 FEET ROAD POLICE STATION ROAD OPP. TO BETHANY SCHOOL Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16180 WP No. 1387 of 2025 KORAMANGALA, BENGALURU – 560 095 REPRESENTED BY ITS AUTHORIZED OFFICER SRI JACOB PALAYOOR LAZAR …RESPONDENT (BY SRI NARAYANASWAMY D., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE / QUASH THE ENTIRE SARFESI PROCEEDINGS FILED BY THE RESPONDENT UNDER SECTION 14 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 IN CRL.MISC.NO. 13/2025 BEFORE THE HON’BLE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT MYSURU AND THE INTIMATION NOTICE DTD. 16.11.2024 ISSUED BY THE RESPONDENT UNDER RULE 4(2A) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 VIDE ANNX-A TO A1, AND B RESPECTIVELY IN THE BEST INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER On 24.02.2025, a coordinate bench of this Court had passed the following order: “This Court recorded the statement of the learned Counsel for the respondent-Bank on the previous occasion that although the petitioners have paid a sum of Rs.3,08,000/- in terms of the directions issued by this Court, that will not regularize the account, since the petitioners are still to pay a sum of Rs.1,05,177/- which includes the penal interest as on 17.02.2025. The - 3 - NC: 2025:KHC:16180 WP No. 1387 of 2025 learned Counsel for the petitioners had sought for a short accommodation to secure instructions. If the petitioners are not willing to pay the said amount, this Court will consider the case accordingly. Nevertheless, re-list this matter on 05.03.2025 to enable the petitioners to pay the said sum and get the account regularized including the outstanding EMIs. Interim order granted earlier stands extended till the next date of hearing. 2. This Court on 05.03.2025, had passed the following order: “The amount that is indicated in the order dated 24.02.2025 shall be complied with. Subject to the said condition, interim order granted earlier, is extended till the next date of hearing. In the event, the petitioners would not clear the amount by 27.03.2025, the interim order would stand automatically vacated. List the matter on 27.03.2025.” Again, on 27.03.2025, had passed the following order: “Learned counsel appearing for the respondent - Bank submits that the total amount in due is Rs.1,01,890/-. In the event the petitioners would not clear the entire amount, as was directed earlier, within next three weeks, interim order would automatically get vacated. List this matter on 21.04.2025, in the fresh matters list. Interim order granted earlier is extended till the next date of hearing.” - 4 - NC: 2025:KHC:16180 WP No. 1387 of 2025 The indication in the afore-quoted order dated 27.03.2025 is that, the petition would be dismissed in the event, entire amount is not cleared. 3. Learned counsel for respondent submits that not even a rupee is paid to the bank. 4. In the light of the submissions, the petition is dismissed, reserving liberty to the petitioner to avail of such remedy as is available in law. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 21 CT:SS