- 1 - NC: 2025:KHC:5215 WP No. 2909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2909 OF 2025 (GM-RES) BETWEEN: 1. S. NAGENDRAKUMAR S/O SACHIDANANDA MURTHY, AGED ABOUT 50 YEARS 2. SMT. MADHU MANJULA.G W/O S.NAGENDRAKUMAR, AGED ABOUT 40 YEARS, BOTH ARE R/AT NO-46/1 AND 2, SECOND FLOOR, 5TH CROSS, 5TH MAIN, MALLESHWARAM, BENGALURU-03, PRESENTLY R/A NO-219, FIRST FLOOR, 10TH CROSS, 4TH BLOCK, J.C.NAGAR, III STAGE, WEST OF CHORD ROAD, BASAVESHWARANAGARA, BENGALUR-560079. …PETITIONERS (BY SRI. LOURDU MARIYAPPA A.,ADVOCATE) AND: THE MALLESWARAM CO OPERATIVE BANK LTD NO-102, 7TH CROSS, MALLESWARAM, BENGALURU-560003, REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI.K.V.LOKESH., ADVOCATE) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5215 WP No. 2909 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE COSNTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED THE IMPUGNED E-AUCTION SALE NOTICE DTD. 01.01.2025 AT ANNX-A PERTAINING TO THE SCHEDULE MORTGAGE COMMERCIAL PROPERTY ISSUED BY THE RESPONDENT BANK AND DIRECT THE RESPONDENT BANK TO RETURN THE POSSESSION OF THE SCHEDULE COMMERCIAL PROPERTY TO THE PETITIONERS AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioners are raising a challenge to the “E-Auction Sale Notice” dated 01.01.2025 at Annexure-A. 2. Learned Counsel for the respondent-Bank submits that the auction scheduled today, i.e., on 05.02.2025 could not take place and therefore, the prayer in the writ petition has become infructuous. Learned Counsel for the respondent-Bank would further submit that earlier too, the petitioners had filed a writ petition in W.P.No.15964/2024 and this Court by order dated 08.11.2024 has recorded the fact that the petitioners have expressed their intention to clear the loan account relating to item No.1 of the - 3 - NC: 2025:KHC:5215 WP No. 2909 of 2025 schedule property. Accordingly, the writ petition was disposed of with a direction to the petitioners to pay the entire outstanding loan amount due as on that day concerning item No.1 of the schedule property within a period of two weeks from the date of the order. Learned Counsel further submits that the direction given in the said W.P.No.15964/2024 is also not complied by the petitioners. 3. However, the learned Counsel for the petitioners seeks to contend that the property sought to be auctioned now is not item No.1, but item No.2 property. To this, learned Counsel for the respondent-Bank points out to directions No.2 in W.P.No.15964/2024, where this Court has recorded that the respondent-Bank retains the liberty to proceed with respect to the loan account concerning item No.2 of the schedule property in accordance with law. 4. Learned Counsel for the petitioners however submits that the petitioners have succeeded in a suit filed for recovery of money from the tenants and the petitioners - 4 - NC: 2025:KHC:5215 WP No. 2909 of 2025 are now in a position to repay the outstanding loan amount along with interest. 5. If that is so, the petitioners are permitted to give a representation to the respondent-Bank for considering payment of the outstanding loan amount along with interest or to offer ‘One Time Settlement’ scheme to the petitioners, if substantial amount is ready in the hands of the petitioners for repayment. 6. The writ petition is accordingly disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL