- 1 - NC: 2025:KHC:11476 WP No. 4613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4613 OF 2025 (GM-RES) BETWEEN: M/S. MARUTHI SLAB AND TILES BY ITS PROPRIETOR MADHUSUDHAN A., S/O ASHWATHAPPA AGED ABOUT 34 YEARS S.S.T NO.1925, THONDEBAVI ALLIPURA CROSS ROAD, THONDEBAVI GOWRIBIDANUR CHIKKABALLAPURA ALSO AT: RESIDING AT 1061/3, TEACHER COLONY OPP.:S.S.S HIGH SCHOOL NEAR THONDEBAVI RAILWAY STATION THONDEBAVI GOWRIBIDANUR, CHIKKABALLAPURA. …PETITIONER (BY SRI HANUMANTHAPPA HARAVI, ADVOCATE) AND: 1. THE KARURU VYSYA BANK LTD., BY ITS CHIEF MANAGER / ASSET RECOVERY BRANCH DIVISIONAL OFFICE BUILDING NO.6, SRI. VASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, V.V.PURAM BENGALURU – 560 004. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11476 WP No. 4613 of 2025 2. THE KARURU VYSYA BANK LTD., BY ITS AUTHORIZED OFFICER / DIVISIONAL OFFICE BUILDING NO.6, SRI. VASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, V.V.PURAM BENGALURU – 560 004. …RESPONDENTS (BY SMT.NATASHA MURTHY, ADVOCATE FOR SRI VIGNESH SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF ANNX-J ISSUED BY THE R-2 DTD. 24.01.2025 BEARING NO. NIL. 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 prayer: “Therefore it is humbly prayed that this Hon'ble court may kindly be pleased issue i) A Writ of the nature of certiorari quashing of Annexure-J issued by the 2nd Respondent dated 24-01-2025 bearing No. Nil. ii) Issue a writ, or order or direction as this Hon'ble court deems fit under the - 3 - NC: 2025:KHC:11476 WP No. 4613 of 2025 circumstance of the case in the interest justice and equity.” 2. Heard Sri Hanumanthappa Haravi, learned counsel appearing for petitioner and Smt Natasha Murthy, learned counsel appearing for the respondents. 3. This Court, on 17-02-2025, had passed the following order: “Sri.Vignesh Shetty, learned counsel has entered appearance for respondent Nos.1 and 2. Learned counsel submits that he has received copy of the writ petition. Learned counsel for the petitioner submits that even according to Annexure-J sale notice, the outstanding amount is Rs.30,42,834/- as on 24.01.2025, and the property in question is a residential premises, and the petitioner is residing in the said premises. The petitioner is also willing to deposit 20% of the said amount within four weeks, and if reasonable time is granted, the petitioner will also repay the entire outstanding loan amount along with interest or approach the respondents for one-time settlement. Learned counsel for the respondents, however, submits that the OTS proposal given by the petitioner has already been rejected. Nevertheless, there shall be an interim order of stay of the impugned sale notice dated 24.01.2025, till the next date of hearing, subject to the petitioner depositing 20% of the outstanding amount within a period of four weeks from today, failing which, the benefit arising out of this order shall not enure to the petitioner, and the petitioner will also run the risk of having the writ petition dismissed. - 4 - NC: 2025:KHC:11476 WP No. 4613 of 2025 Re-list this matter on 19.03.2025.” 4. Not even a rupee is paid as on today, pursuant to the said order dated 17-02-2025. 5. The learned counsel for the respondents-Bank would also submit that the sale fixed on the date has not taken place. Therefore, the date of auction has spent itself. 6. In that light, the petition is rendered infructuous and is disposed as having become infructuous, noticing the fact that the petitioner has not paid a rupee even, pursuant to the interim order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 60