- 1 - NC: 2025:KHC:7243 WP No. 4687 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4687 OF 2025 (GM-DRT) BETWEEN: S G PUSHPALATHA W/O T UMESH AGED ABOUT 45 YEARS NO 9 11TH CROSS ROAD, 2ND MAIN ROAD, MUNESHWARA LAYOUT LAGGERE, BENGALURU - 560058 …PETITIONER (BY SRI. V B RAVISHANKER., ADVOCATE) AND: THE AUTHORIZED OFFICER CAN FIN HOMES LIMITED NO 29, SRI M N KRISHNA RAO ROAD, BASAVANAGUDI BANGALORE - 560004 REP. BY ITS AUTHORIZED OFFICER V.R SHIVA …RESPONDENT (BY SRI.D.NARAYANASWAMY., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ENTER ACTION INITIATED BY THE RESPONDENT UNDER SEC. 13 OF THE SARFAESI AS VOID-AB-INITIO.QUASH THE IMPUGNED ORDER DTD. 22.01.2025 PASSED BY THE DEBT RECOVERY TRIBUNAL I IN SA.NO. 34/2025 AND CONSEQUENTLY TO QUASH THE SALE NOTICE DTD. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7243 WP No. 4687 of 2025 07.02.2025 ISSUED BY THE RESPONDENT BANK SLATING AUCTION OF SCHEDULE PROPERTY ON 07.02.2025 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 Sri D.Narayanaswamy, has entered appearance for the respondent. 2. Learned counsel for the respondent submits that earlier the petitioner’s husband Sri T. Umesh had filed W.P.No.26718/2024 and this Court dispose of the writ petition with a direction to the petitioner to deposit Rs.10,00,000/- in the first instalment on or before 31.10.2024. It was directed that if the said amount is deposited, the bank shall redeliver the possession to the petitioner. The petitioner deposited Rs.10,00,000/- and accordingly the possession was redelivered to the petitioner. However, the second and third instalments as directed by this Court were not deposited by the petitioner. Thereafter, the petitioner herein filed - 3 - NC: 2025:KHC:7243 WP No. 4687 of 2025 S.A.No.34 of 2025 before the Debts Recovery Tribunal, Bangalore. Once again, interim orders were passed by the Debts Recovery Tribunal on the undertaking given by the petitioner herein that she would deposit Rs.25,00,000/- in two instalments. However, the undertaking given by the petitioner before the Debts Recovery Tribunal was not complied. The petitioner has filed this writ petition seeking to quash the impugned order dated 22.01.2025 passed by the Debts Recovery Tribunal in S.A.No.34 of 2025. The impugned order is nothing but the intern directions given by the Debts Recovery Tribunal regarding the undertaking given by the petitioner that she would deposit Rs.25,00,000/- and the respondent bank was directed to redeliver the possession, subject to the payment of Rs.25,00,000/- at the hands of the petitioner. Moreover, it is pointed out that the previous writ petition filed by the petitioner’s husband has not been mentioned in the present writ petition. - 4 - NC: 2025:KHC:7243 WP No. 4687 of 2025 3. Learned counsel for the petitioner submits that the petitioner has although questioned the impugned order dated 22.01.2025, nevertheless, the petitioner is more concerned with the sale notice dated 07.02.2025 issued by the respondent bank. 4. Having regard to the narration of events hereinabove, it is clear that the petitioner is misusing the process of this Court. No indulgence can be shown by this Court to the petitioner. 5. Accordingly, writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE KLY CT: JL