- 1 - NC: 2025:KHC:13844 WP No. 7557 of 2025 C/W WP No. 13982 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7557 OF 2025 (GM-RES) C/W WRIT PETITION NO. 13982 OF 2023 (GM-RES) IN WP No. 7557/2025 BETWEEN: 1. SMT KANAKAMANI W/O SRI. RAMAKRISHNAN, AGED ABOUT 75 YEARS, R/AT NO.3442, VBHBS LAYOUT, HOSAKEREHALLI CROSS, GIRINAGAR, BANASHANKARI 3RD STAGE, BENGALURU - 560085. 2. SRI. SUMAN K R S/O RAMAKRISHNAN AGED ABOUT 47 YEARS R/AT NO.3442, VBHBS LAYOUT, HOSAKEREHALI CROSS, GIRINAGAR, BANASHANKARI 3RD STAGE, BENGALURU - 560085. …PETITIONERS (BY SRI. AJAY T., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13844 WP No. 7557 of 2025 C/W WP No. 13982 of 2023 AND: M/S SREE CHARAN SOUHARDHA CO-OPERATIVE BANK LIMITED HEAD OFFICE NO.87/1, HB SAMAJA ROAD, GANDHI BAZAR, BASAVANGUDI, BENGALURU - 560004 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. VISHNU VINAYAK C R., ADV. FOR C/R) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE DTD. 12.02.2025 PASSED BY THE RESPONDENT BANK AS PER ANNX-A TO THIS WRIT PETITION AND THEREBY SET ASIDE THE ORDER DTD. 02.01.2024 PASSED BY THE HONBLE COURT OF THE XXXII ADDIDTIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE OR IN THE ALTERNATIVE AND ETC. IN WP NO. 13982/2023 BETWEEN: MR SUMAN K R S/O KRISHNAPUR SRINIVASACHAR RAMAKRISHNAN AGED ABOUT 47 YEARS, R/AT NO.3451, VBHBS LAYOUT, HOSKEREHALLI CROSS, GIRINAGAR, BANASHANKARI 3RD STAGE, BENGALURU - 560 085 PAN#: AWRPS3179D ...PETITIONER (BY SMT. KAVITHA D., ADVOCATE) - 3 - NC: 2025:KHC:13844 WP No. 7557 of 2025 C/W WP No. 13982 of 2023 AND: M/S SREE CHARAN SOUHARDHA CO-OPERATIVE BANK LTD (REGISTERED UNDER THE STATE CO-OPERATIVE SOCIETIES ACT) HEAD OFFICE: NO.87/1 HB SAMAJA ROAD, GANDHI BAZAAR, BASAVANAGUDI, BENGALURU - 560 004. IFSC CODE: SECB0000002 REPRESENTED BY ITS AUTHORIZED OFFICER ...RESPONDENT (BY SRI. VISHNU VINAYAK C R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE SALE NOTICE DATED 06/06/2023 WHICH IS PUBLISHED IN SAMYAKATHA KARNATAKA KANNADA NEWS PAPER ON 07/06/2023 VIDE ANNEXURE B ISSUED BY THE RESPONDENT BANK BY STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002 AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:13844 WP No. 7557 of 2025 C/W WP No. 13982 of 2023 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners in W.P.No.7557/2025 are before this Court seeking the following prayer: "a) Writ in the nature of Certiorari to quash the Impugned Sale Notice dated 12.02.2025 passed by the Respondent Bank as per 'Annexure A' to this Writ Petition and thereby set aside the Order dated 02.01.2024 passed by the Hon'ble Court of the XXXII Additional Chief Metropolitan Magistrate, Bangalore or in the alternative b) Issue Writ of Mandamus directing the Respondent Bank to re possess the Property to the Petitioners by providing the details sought as mentioned in the legal notice as per Annexure-D. c) Issue any other Writ, Order or direction in favour of the Petitioners, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 2. The petitioner in W.P.No.13982/2025 is before this Court seeking the following prayer: "a) Issue a writ of Certiorari by setting aside the Sale Notice dated 06-06-2023 which is published in "Samyakatha Karanataka" Kannada News Paper on 07-06-2023 vide ANNEXURE - B issued by the Respondent Bank by stating that the entire recovery proceedings initiated by the Respondent Bank against the Schedule Property are illegal and in violation of the SARFAESI Act, 2002. - 5 - NC: 2025:KHC:13844 WP No. 7557 of 2025 C/W WP No. 13982 of 2023 b) Issue writ of Mandamus to the Respondent Bank, not to take any further action against the Schedule Property and to accept the Petitioner's request to clarify all his queries vide ANNEXURE - A and thereby enabling him to clear his loan accounts with the Respondent Bank. c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case, in the interest of justice and equity." 3. The learned counsel appearing for the respondent - bank submits that in both these cases what is called in question is a sale notice. The sale notice of the year 2023 and the sale notice of the year 2025. On both the dates, the sale has not taken place and therefore, the date of auction has spent itself. 4. The petitions are thus rendered infructuous on the score that the sale has not taken place on the intended date and are disposed as having become infructuous, reserving liberty to the petitioner/s in both these cases to knock at the doors of the appropriate fora in the event of need. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 22