- 1 - NC: 2025:KHC:17929 WP No. 4116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4116 OF 2025 (GM-RES) BETWEEN: SRI. H.C. SHIVAPPA, S/O. SRI. CHANNASHETTY, AGED ABOUT 70 YEARS, R/A. BASAVESHWARA NILAYA, 3RD MAIN, 2ND CROSS, HEMAVATHINAGARA, HASSAN - 573 202. …PETITIONER (BY SRI. HARSHA V., ADVOCATE) AND: 1. CANARA BANK HOLENARASIPURA BRANCH, MSME SULABH HASSAN, BEHIND SUVARNA REGENCY, B.M. ROAD, HASSAN - 573 201, REPRESENTED BY ITS AUTHORIZED OFFICER. 2. SHIVADURGA FUEL CENTRE, KIKKERI , H.N. PURA ROAD, SHRAVANUR, HOLENARASIPURA, HASSAN, KARNATAKA - 573 201, REPRESENTED BY ITS PROPRIETOR KRISHNAMURTHY A.R. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17929 WP No. 4116 of 2025 3. KRISHNAMURTHY A.R, S/O LATE A.N. RAMACHANDRA SHETTY, SRINIVASA TEXTILES PETE MAIN ROAD, HOLENARASIPURA, HASSAN - 573 211. …RESPONDENTS (BY SRI. VIGNESH S. SHETTY, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 01.01.2025 ISSUED BY THE RESPONDENT AND (ANNEXURE -B) ISSUED UNDER SECTION 13 (4) READ WITH RULE 8 OF THE ACT AND FURTHER PROCEEDINGS UNDER THE PROVISION OF THE SECURITIZATION AND RECOVERY OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY ACT 2002 AND RESTRAIN THE RESPONDENT BANK FROM PROCEEDINGS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Harsha V., learned counsel appearing for the petitioner, Sri. Vignesh S. Shetty, learned counsel appearing for respondent No.1 and have perused the material on record. - 3 - NC: 2025:KHC:17929 WP No. 4116 of 2025 2. The petitioner is before this Court, seeking the following prayer: "a) Quash the Notice dated: 01/01/2025 issued by the Respondent and (ANNEXURE-B) issued under section 13(4) read with Rule 8 of the Act and further proceedings under the provisions of the Securitization and Recovery of Financial Assets and Enforcement of Security Act 2002 and restrain the Respondent Bank from proceedings. b) Allow this Writ Petition and c) Pass such other orders as this Hon'ble Court deem fit to grant in the interest of justice and equity." 3. A Co-ordinate Bench of this Court on 13.02.2025, had passed the following order: "At the oral request of the learned counsel for the petitioner, the borrower M/s.Shivadurga Fuel Centre and Sri Krishnamurty.A.R, are permitted to be impleaded as party respondents in this petition. The amendment shall be carried out forthwith. Issue notice to the newly impleaded respondents. Learned counsel for the petitioner submits that the petitioner is a guarantor and newly impleaded respondents No.2 and 3 are the borrowers. The outstanding loan amount in terms of Annexure-A is Rs.41,11,779/- as on 24.09.2024. the petitioner is ready to deposit 20% of the said amount within a period of four weeks from today. Consequently, there shall be an ad-interim order of stay of all further proceedings pursuant to Annexures-A & B, till the next date of hearing, subject to the petitioner depositing 20% of Rs.4,11,779/-, within a period of 8 weeks from today. - 4 - NC: 2025:KHC:17929 WP No. 4116 of 2025 If the petitioner fails to deposit the same, the benefit arising out of this interim order shall not enure to the petitioner and petitioner will be at the risk of having the writ petition dismissed. Re-list this matter on 17.03.2025." 4. Learned counsel appearing for respondent No.1 - Bank submits that the order is not complied in its entirety. He further submits that the sale has not taken place on the intended date of sale. Therefore, as the date of auction has spent itself, the petition is rendered infructuous. 5. In the light of the aforesaid submission, the petition stands disposed as having become infructuous, reserving liberty to the petitioner to knock at the doors of the appropriate fora. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 24 CT: BHK