- 1 - NC: 2025:KHC:11090 WP No. 5087 of 2025 C/W WP No. 2930 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5087 OF 2025 (GM-RES) C/W WRIT PETITION NO. 2930 OF 2025 (GM-RES) IN WP No. 5087/2025 BETWEEN: MANOJ KUMAR, S/O LATE SANKAPPA KOTTARI, AGED ABOUT 51 YEARS, RESIDING AT MATHUCHAYA HOUSE, NEAR BAJAL CHURCH, BAJAL, MANGALORE - 575 027. …PETITIONER (BY SRI. RAGHAVENDRA SHENOY M., ADVOCATE) AND: CANARA BANK LTD., REGIONAL OFFICE, BALMATTA ROAD, MANGALORE - 575 001, REPRESENTED BY ITS THE AUTHORIZED OFFICER. …RESPONDENT (BY SMT. VELANGANNI C., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE (E AUCTION SALE NOTICE) PUBLISHED, IN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11090 WP No. 5087 of 2025 C/W WP No. 2930 of 2025 KANNADA DAILY, NAMELY UDAYAVANI NEWS PAPER DATED 04/02/2025 FOR THE AUCTION SALE OF THE PETITIONERS SCHEDULE PROPERTY SCHEDULED TO BE HELD ON 20/02/2025 PUBLISHED BY THE RESPONDENT WHICH IS AT ANNEXURE-A AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS PURSUANT TO THE SALE NOTICE DATED 04/02/2025. IN WP NO. 2930/2025 BETWEEN: 1. M/S. K.N.S.B. PALGUNI TEXTILES (PARTNERSHIP FIRM) SVC COMPLEX, BHAVANTHI STREET, MANGALORE - 575 001, REPRESENTED BY ITS PARTNER MR. MANOJ KUMAR. 2. MANOJ KUMAR PARTNER M/S. K.N.S.B. PALGUNI TEXTILES, S/O LATE SANKAPPA KOTTARI, AGED ABOUT 51 YEARS, RESIDING AT MATHUCHAYA HOUSE, NEAR BAJAL CHURCH, BAJAL, MANGALORE - 575 027 ...PETITIONERS (BY SRI. RAGHAVENDRA SHENOY M., ADVOCATE) AND: 1. CANARA BANK LTD., REGIONAL OFFICE, BALMATTA ROAD, MANGALORE - 575 001, REPRESENTED BY ITS THE AUTHORIZED OFFICER. - 3 - NC: 2025:KHC:11090 WP No. 5087 of 2025 C/W WP No. 2930 of 2025 2. DEVICHARAN SHETTY, PARTNER OF M/S. KNSB PALGUNI TEXTILES, S/O K JAYARAM SHETTTY, RESIDING 3-26-2158, DEVI DARSHAN, KADRI TEMPLE ROAD, KADRI, MANGALORE - 575 002. 3. MR. VIJAY KUMAR JANARDHAN GATTY, PARTNER OF M/S KNSB PALGUNI TEXTILES, 23-1-1, MORGAN GATE, NEAR CASSIE CHURCH, MANGALORE - 575 002. 4. HARISH BAKTHA, PARTNER OF M/S. KNSB PALGUNI TEXTILES, S/O LATE K SUBRAYA R BHAKTA, D. NO. 12-5-574-1 SHREE GANESH KRIPA, NEW FIELD STREET, MANGALORE - 575 001. ...RESPONDENTS (BY SMT. VELANGANNI C., ADVOCATE FOR R1; SRI. SACHIN B.S, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.01.2025 PASSED IN CRL.MISC.NO. 36/2025 UNDER SECTION 14 OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENTS OF SECURITY INTERST ACT (IN BREVITY SARFAESI ACT, 2022) BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE, MANGALORE TO TAKE PHYSICAL POSITION OF THE SCHEDULE PROPERTY VIDE ANNX-A. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:11090 WP No. 5087 of 2025 C/W WP No. 2930 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER In W.P.No.2930/2025: The petitioners are before this Court, seeking the following prayers: a. issue a writ in the nature of Certiorari or any other writ or order to quash the order dated 22.01.2025 passed in Crl.Misc.No.36/2025 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcements of Security Interest Act (in Brevity SARFAESI Act, 2022) before the Principal Senior Civil Judge, Mangalore to take physical position of the schedule property vide Annexure-A. b. For the cost of the litigation. c. For such other and further relief based on the nature and circumstances of the case in the interest of justice and equity." 2. This Court showing indulgence grants an interim order of stay on 01.02.2025 on the undertaking of the petitioners that they were prepared to deposit 20% of the outstanding loan along with interest. The outstanding loan as on that day recorded by the Co-ordinate Bench was Rs.1,55,67,806/-. Therefore, Rs.30.00 lakhs had to be paid to the bank on or before the next date of hearing. - 5 - NC: 2025:KHC:11090 WP No. 5087 of 2025 C/W WP No. 2930 of 2025 3. The matter was directed to be listed on 04.03.2025. Therefore, four weeks time was granted. The matter came up on 04.03.2025 and the interim order was extended on the score that the petitioners had not served the set of papers upon the learned counsel for the respondent. Again on 10.03.2025, the matter was adjourned on the submission of the petitioners that it has to be tagged with another petition. The petitions are tagged, but the money has not gone to the bank in terms of the interim order granted on 01.02.2025. It is not four weeks, but eight weeks have passed by now and not a rupee is paid by the petitioners to the bank. 4. Therefore, the petition does not merit any further consideration at the hands of this Court. The petition stands disposed, reserving liberty to the petitioners to available such remedy as is available in law and the interim order subsisting stands dissolved. In W.P.No.5087/2025: In view of the disposal of W.P.No.2930/2025, the learned counsel appearing for the petitioners submits that same order be passed in the companion petition as well. - 6 - NC: 2025:KHC:11090 WP No. 5087 of 2025 C/W WP No. 2930 of 2025 Therefore, on the very reasons rendered in W.P.No.2930/2025, the companion petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 19 CT: BHK