- 1 - NC: 2025:KHC:14031 WP No. 2130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2130 OF 2025 (GM-RES) BETWEEN: 1. RANSAN SANTOSH PEREIRA S/O LATE ANTHONY PEREIRA, AGED 48 YEARS, RESIDING AT NO.3-48, MOVADI, THRASI, KUNDAPURA TALUK, UDUPI DISTRICT-576 235. …PETITIONER (BY SRI. NAGARAJ S. JAIN.,ADVOCATE) AND: 1. CANARA BANK KUNDAPURA MANIPAL ROAD, P B NO.10, KAMATH BUILDING, KUNDAPURA, UDUPI DISTRICT -576 201. REP. BY ITS AUTHORISED OFFICER AND BRANCH MANAGER. …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED PRAYING TO QUASHING THE IMPUGNED POSSESSION NOTICE DATED 04.06.2024 BEARING REF.NO. O/KUNDAII/RANSON/2024 ISSUED BY THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14031 WP No. 2130 of 2025 RESPONDENT AT ANNEXURE-D UNDER SECTION 13(4) OF SARFAESI ACT AND E-AUCTION SALE NOTICE DATED 02-01- 2024 FIXING THE DATE OF AUCTION AS 06-02-2025 AT ANNEXURE-E AND ALL FURTHER PROCEEDINGS PURSUANT TO THE SAID NOTICES AS ILLEGAL AND ARBITRARY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers. "a) Issue a writ in the nature of certiorari by quashing the impugned Possession notice dated 04.06.2024 bearing Ref.No.O/KUNDA II/RANSON/2024 issued by the Respondent at Annexure-D under section 13(4) of SARFAESI Act and e-Auction Sale Notice dated 02-01-2024 fixing the date of auction as 06-02-2025 at Annexure-E and all further proceedings pursuant to the said notices as illegal and arbitrary. b) Issue any other writ or pass any other order/s or direction or grant any other relief/s as deemed fit by this Hon'ble Court under the facts and circumstances of the case, in the interest of justice and equity." 02. Heard Shri Nagaraj S. Jain, learned counsel appearing for the petitioner and Shri Vignesh Shetty, learned counsel appearing for the respondent. - 3 - NC: 2025:KHC:14031 WP No. 2130 of 2025 03. The Co-ordinate Bench of this Court on 27.01.2025 had passed the following order: "Issue notice to the respondent. Learned counsel for the petitioner submits that the petitioners are due to pay about 10 EMIs and they are ready and willing to pay the same within a reasonable time and get the loan account regularized. Consequently, there shall be an ad-interim order of stay pursuant to the impugned possession notice dated 04.06.2024 and all further proceedings thereto, till the next date of hearing, subject to the petitioner depositing 20% of Rs.13,08,298/- with the respondent- Bank within a period of four weeks from today, failing which, the benefit arising out of this interim order shall not enure to the petitioner and petitioner will also run the risk of having the writ petition dismissed. Re-list this matter on 03.03.2025." Recording the compliance of the interim order, this Court on 10.03.2025 had passed the following order: "Learned counsel for the petitioner submits that he has complied the interim order dated 27.01.2025. Learned counsel for the respondent-Bank admits the same. Interim order, subsisting on the aforesaid circumstance shall continue till the next date of hearing. Learned counsel for the respondent-Bank to secure instructions with regard to status of the sale as on today. List the matter on 03.04.2025." - 4 - NC: 2025:KHC:14031 WP No. 2130 of 2025 04. The learned counsel appearing for the respondent now submits that the sale on the intended date did not take place. Therefore, the date of auction has spent itself. 05. The learned counsel appearing for the petitioner submits that the interim order has been complied with by making certain deposit. 06. In that light, in the event, the respondent - Bank would issue another sale notice, the amount that is deposited pursuant to the interim order shall be taken note of. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 7