- 1 - HC-KAR NC: 2025:KHC:22494 WP No. 6077 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6077 OF 2025 (GM-RES) BETWEEN: SHRI SHIVARAM M., S/O LATE M. RAMAIAH, AGED ABOUT 74 YEARS, R/AT NO.519, 2ND MAIN, 2ND CROSS, NEW KALIDASA ROAD, VIJAYANAGAR 1ST STAGE, MYSURU - 570 017. …PETITIONER (BY SMT. JAYASHREE, ADVOCATE FOR SRI LAXMIKANTHA K B., ADVOCATE) AND: THE AUTHORIZED OFFICER, CAN FIN HOMES LIMTIED, SPONSER: CANARA BANK, NO.148/E3, 1ST FLOOR, SRI SIDDALINGESHWARA TOWERS, 17TH MAIN, EAST OF CHORD ROAD VIJAYANAGAR, BANGALORE - 560 040. …RESPONDENT (BY SRI D. NARAYANA SWAMY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTION DECLARING THE SALE NOTICE DATED 06.02.2025 (ANNX-G) ISSUED AGAINST THE SCHEDULE PROPERTY BY THE RESPONDENT AS NULL AND VOID. DIRECTION TO THE RESPONDENT BANK TO CONSIDER THE Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22494 WP No. 6077 of 2025 REPRESENTATION DATED 08.06.2024 (ANNX-D) FOR ONE TIME SETTLEMENT. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S. SUNIL DUTT YADAV ORAL ORDER Learned counsel for the respondent-Bank has filed a memo and submits that E-auction that was to be conducted in terms of the Sale Notice dated 06.02.2025 did not materialize. 2. Learned counsel for the petitioner submits that the respondent-Bank may consider the representation dated 08.06.2024 at Annexure-D with regard to the 'One Time Settlement'. 3. As regard to such submission, learned counsel for the respondent-Bank submits that previous request for the One Time Settlement was not acceptable. 4. Taking note of the availability of substantive remedy under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (' SARFAESI Act' for short) and measures available under - 3 - HC-KAR NC: 2025:KHC:22494 WP No. 6077 of 2025 Section 13 of the SARFAESI Act, the petition is disposed of as not calling for adjudication. It is needless to state that it is open for the petitioner to settle the claim with the respondent- Bank. Accordingly, all contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE AV List No.: 1 Sl No.: 47