- 1 - NC: 2025:KHC:11615 WP No. 4099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4099 OF 2025 (GM-RES) BETWEEN: 1. MRS. VALILET MARY R WIFE OF ANTONY RAJ T AGED ABOUT 48 YEARS, RESIDING AT NO.9, BETTADANAPURA MAIN ROAD, NEAR BAYALU BASAVA TEMPLE, HOMMADEVANHALLI VILAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK - 560 076. ALSO WORKING AT OFFICE CLEAR, BBMP NR SQUARE, BANGALORE-560083. ALSO RESIDING AT CHIKAMMANAHALLI, T JOHN COLLEGE ROAD, 4TH CROSS, GOTTIGERE POST, BANGALORE-560083. 2. MR. AMRUTH NANDAN P SON OF PHILIP, AGED ABOUT 30 YEARS, RESIDING AT NO.9, BETTADANAPURA MAIN ROAD, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11615 WP No. 4099 of 2025 NEAR BAYALU BASAVA TEMPLE, HOMMADEVANHALLI VILAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK - 560 076. ALSO AT NO.007, CHIKAMMANAHALLI B.G. ROAD, BANGALORE SOUTH - 560 083. …PETITIONERS (BY SRI. PUNITH C., ADVOCATE) AND: UNION BANK OF INDIA ASSET RECOVERY BRANCH, NO.2/3, RAJA BUILDING, N.R. ROAD, BANGALORE - 560 002. REPRESENTED BY ITS BRANCH MANAGER …RESPONDENT/CAVEATOR (BY SMT. DIVYA PURANDAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING E AUCTION NOTICE DATED 08/01/2025 VIDE OR/UBI/ARB/BNG/531/2024-25 ISSUED BY THE RESPONDENT BANK AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11615 WP No. 4099 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Punith C., learned counsel appearing for the petitioners, Smt. Divya Purandar, learned counsel appearing for the caveator/respondent and have perused the material on record. 2. The petitioners are before this Court seeking quashment of an E-Auction notice date at 08.01.2025. 3. The Co-ordinate Bench of this Court protects the interests of the petitioners directing deposit of Rs.9.00 lakhs as against the outstanding of Rs.45.00 lakhs. The order is passed on 13.02.2025, it reads as follows: "Learned counsel for the petitioners submits that he has paid the Court fee yesterday. Office to verify. Learned counsel for the respondent submits that she has received copy of the writ petition. Learned counsel for the petitioners submits that even according to the impugned sale notice at Annexure- A, the amount outstanding is Rs.44,18,864/- as on 31.12.2024. It is submitted that the petitioner is residing in the scheduled property, which is mortgaged with the - 4 - NC: 2025:KHC:11615 WP No. 4099 of 2025 respondent bank, and there are smaller tenements. It is submitted that the petitioners will deposit 20% of the said amount within a period of four weeks, and if reasonable time is granted, the petitioners will repay the entire outstanding loan amount along with interest. However, learned counsel for the respondent submits that twice possession has been taken, but the petitioners have forcibly broken open the lock and entered the premises, and in this regard, police complaints have been lodged by the respondent bank against the petitioners. Moreover, it is submitted that the last date of payment at the hands of the petitioners is 20.11.2023. Nevertheless, the respondent-Bank is directed not to precipitate the matter, subject to the petitioners depositing Rs.9 Lakhs with the respondent bank, within a period of four weeks from today, failing which the benefit arising out of this order shall not enure to the petitioners, and the petitioners will run the risk of having the writ petition dismissed. Re-list this matter on 17.03.2025." 4. Not four, but six weeks have passed by and not even a rupee has been deposited by the petitioners. 5. The learned counsel of the petitioners submits that the petitioners are not getting in touch with the learned counsel. 6. In the light of the fact that there is breach of interim order, which had made clear that the petition would be dismissed on account of the breach of conditions. The petition - 5 - NC: 2025:KHC:11615 WP No. 4099 of 2025 stands disposed, reserving liberty the petitioners to avail of any remedy as is available in law. Interim order, if subsisting, would stand dissolved. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 17 CT: BHK