- 1 - NC: 2025:KHC:3899 WP No. 54671 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 54671 OF 2017 (GM-RES) BETWEEN: 1. M/S KRISHNA CNC TECH NO.45, GUBBANNA INDUSTRIAL ESTATE, 6TH BLOCK, RAJAJI NAGAR, BENGALURU-560 010. REPRESENTED BY ITS PROPRIETOR. SRI.R.B.KESHAVAMURTHY. 2. SRI.R.B.KESHAVAMURTHY S/O RAMASWAMY NAIDU, AGED ABOUT 48 YEARS, 3. SMT. RAJINI W/O SRI.R.B.KESHAVAMURTHY, AGED ABOUT 41 YEARS, PETITIONERS NO.2 & 3, R/AT NO.6/26, OM SHANKTHI NILAYA, 14TH CROSS, 10TH C MAIN ROAD, 6TH BLOCK, RAJAJINAGAR, BENGALURU-10. …PETITIONERS (BY SRI. RAJENDRA.K.R., ADVOCATE) AND: TAMILNADU MERCANTILE BANK LTD., BENGALURU REGION, NO.19-F, ABHINAY THEATRE COMPLEX, BVK IYENGAR ROAD, BENGALURU-560 009. REPRESENTING BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SMT. P.CHITHRA NIRMALA., ADVOCATE FOR Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3899 WP No. 54671 of 2017 SRI.S.K.M.SHETTY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.P.Chitra Nirmala., counsel on behalf of Sri.S.K.M.Shetty., for the respondent has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Sale Notice in public auction dated 18.11.2017 issued by the respondent Bank vide Annexure-K and a Mandamus directing the respondent Bank to regularize the petitioners loan accounts by providing an opportunity to clear the dues to the bank by removing the NPA. 3. Counsel for the respondent has urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Counsel Smt.P.Chitra Nirmala., for the respondent in presenting her arguments strenuously urged that the matter has become infructuous. She argued by saying that the sale has taken place in the year 2018 and Sale Certificate has been - 3 - NC: 2025:KHC:3899 WP No. 54671 of 2017 issued in favor of third party namely Mr.Sandeep on 09.02.2018. Counsel further submits that a memo has been filed in the open Court about infructuous of the petition. Counsel therefore, submits that the memo may be placed on record and an appropriate order may be passed. The oral submission made by counsel for the respondent and the memo is placed on record. 5. It is pivotal to note that there was no stay against further process. Hence, the auction was conducted on 03.01.2018 and one Mr.Sandeep was identified as highest bidder. After the receipt of the entire bid amount of Rs.93,00,000/-, the sale certificate was issued on 09.02.2018. The same was challenged by the petitioners in S.A.No.11/2018 before the DRT, Bengaluru. The DRT issued interim order on 09.01.2018, but due to non-compliance of conditional order, the SA was dismissed on 18.06.2018. The said order was challenged in AIR (SA) 383/2018 before DRAT, Chennai. However, the appeal came to be dismissed vide order dated 11.12.2018. - 4 - NC: 2025:KHC:3899 WP No. 54671 of 2017 Aggrieved by the order dated 11.12.2018, the petitioners approached High Court of Madras in W.P.No.12700/2019 and the matter was remitted to DRAT, Chennai vide order dated 14.08.2019. Thereafter, the DRAT vide order dated 19.11.2019 dismissed the appeal. As against the said order, the petitioners filed Writ Petition No.51648/2019 before the Division Bench. The Division Bench vide order dated 05.04.2024 dismissed the Writ Petition and upheld the order passed by the DRAT. Because the Madras High Court has upheld the sale, the captioned Writ Petition challenging the Sale Notice in public auction dated 18.11.2017 has become infructuous. 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 9